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CaseLaw

Chukwueke V. Okoronkwo (1999) CLR 1(p) (SC)

Brief

  • Findings of fact by trial court
  • Native courts
  • Title to land
  • Judgement of court
  • Trespass

Facts

The plaintiffs sued the defendants claiming N10,000.00 being special and general damages for trespass to a piece of land known and called "Akwakwa", situate at Alayi in the Umuahia Judicial Division. They also claimed an order of perpetual injuction against the defendants.

Pleadings were ordered, filed and exchanged. At the trial evidence was led on both side. A number of documentary evidence were also tendered. It is not disputed that both the plaintiffs and the defendants hail from the same village Amakalu Alayi, albeit from different families. Parties are also agreed that while the plaintiffs call the land in dispute as "Akwakwa", the defendants refer to it as "Aja Oji" land. Both sides pleaded and relief on previous courts judgments over the land in dispute.

At the end of the trial the learned trial Judge in a reserved judgment found for the plaintiffs on all their heads of claims. He concluded his judgment thus –

  • "From the totality of evidence before me and after considering the submission of the learned counsel on both sides and the aurthorities cited, I am satisfied that the plaintiffs have proved their case. There will therefore be judgment for the plaintiffs for N9,550.00 being special damages for trespass and N350 being general damages for trespass, bringing the total to N9,900.00. I also make an order of perpetual injuction restraining the defendants, their servants and agents from entering the said land or interfering with or continuing to trespass on the said land."
  • A perusal of the judgment shows that the learned trial Judge based his judgment on the judgment in a previous suit No. 129/58 where the Alayi Native Court made a declaration in favour of the plaintiffs, as per Exhibit A in the proceedings. The appeal against the Native Court's judgment was struck out (see Exhibits B).

    Aggrieved by the decision of the Court of Appeal, the appellants appealed to the Supreme Court.

Issues

Whether the court of appeal was right when it held that there was no evidence...

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