Legalpedia Citation: (2013-01) Legalpedia (SC) 01847
In the Supreme Court of Nigeria
Fri Jan 18, 2013
Suit Number: SC.131/2003
CORAM
PARTIES
1. MICHAEL ACHILIHU
2. JACOB OGBUKA
3. SAMUEL AGBARA
4. OMENAZU NWACHUKWU
5. ONUKWUFO NWOGU
6. JOHN AGOMUO
7. BROWN NWALA
8. EBERE APPOLOS
9. OCHIOBI EMEROLE
APPELLANTS
EZEKIEL ANYATONWU
RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
Lazarus Ogbubvule being the head of Umuagbaghigba family pledged a parcel of land to the Respondent/Cross-Appellant in 1968 for a sum of One Hundred and Thirty Naira (N130) and same was witnessed by a principal member of the family. Sometime in 1970, he further demanded and received from the Respondent/Cross-Appellant the sum of N4.00 thereby making the transaction an outright sale in freehold to the Respondent/Cross-Appellant and a receipt was issued but no family member witnessed the transaction. The Respondent/Cross-Appellant subsequently bought a land adjacent to the first one from the same Lazarus Ogbubvule for the sum of N188.00 and subsequently took possession of the two pieces of land and had a palm oil plantation on the land. After the death of the Lazarus Ogbubvule, the Appellants/Cross- Respondents entered the land and the Respondent/Cross-Appellant sued them before a native tribunal and judgment was given in his favour, but the Appellants/Cross- Respondents did not yield to the judgment. The Respondent/Cross-Appellant, hence instituted an action before the High Court seeking for the following declarations; a declaration that the land known as and called OKPULO ALAOCHA situate at Uratta Umuocham Village in Isiala Ngwa Local Government Area within the jurisdiction of this Court is in the possession of the Plaintiff who is entitled to the grant to him of a Certificate of Occupancy in respect of the said land; N1000.00 (One Thousand Naira) damages for trespass in that in or about January, 1984 and on diverse days before and thereafter the Defendants without the leave or licence of the Plaintiff broke and entered the said land, cleared the same for purposes of farming, damaged the oil-palm plantation, cut the oil palm fronds planted on the said land by the Plaintiff and destroyed one thousand cassava plants thereon; perpetual injunction restraining the Defendants by themselves, their people, their servants and/or agents from further interfering with the plaintiff’s rights to and interests in the said land. The High Court after hearing parties before it , entered judgment in favour of the Respondent/Cross-Appellant The Defendants/Appellants/Cross-Respondents were dissatisfied by the said judgment and accordingly appealed to the Court of Appeal, Port Harcourt Division, where their appeal was dismissed by the Court. Aggrieved, the Defendants/Appellants/Cross-Respondents have further appealed to this Court whilst the Plaintiff/Respondent/Cross Appellant cross appealed against part of the judgement.
HELD
Appeal Allowed, Cross-appeal Dismissed
ISSUES
1. Whether the disputed land is communal land or it was the personal property of late Lazarus Ogbuevule which he first pledged to the respondent but which later transmuted to an outright sale.?
2. Whether the lower courts conformed with the principles of law regulating proper and correct evaluation and appraisal of evidence?
RATIONES DECIDENDI
CASES CITED
STATUTES REFERRED TO
Evidence Act, LFN 1990Imo State High Court (Civil Procedure) Rules, 1988 applicable to Abia StateLand Instrument Registration Law, CAP 72. Laws Of Eastern Nigeria,1968