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CaseLaw

Ibezim V. State (1992) CLR 1(n) (CA)

Judgement delivered on November 14th 1992

Brief

  • Res judicatam
  • Estoppel
  • Admissions
  • Consent judgement
  • Possession of land
  • Pleadings
  • Representative action

Facts

Respondent instituted two separate actions against the two sets of appellants. In Suit No. AA/25/74 the respondent for himself and on behalf of the people of Umuori Neni claimed against the 1st set of appellants damages for trespass and an injunction to restrain them by themselves their servants and agents from further quarrying the stone on Umuori Neni land without the consent of the respondent. In Suit No AA/26/74 the respondent in the same capacity claimed against the 2nd set of appellants damages for trespass and an injunction to restrain them by themselves their servants and agents, from further interfering with the tombo grove and swamps and the palm trees on Umuori Neni land. The suits were consolidated.

The respondent for the purpose of the act of possession pleaded in paragraphs 4, 5, 6, and 9 of the statement of claim thus:

  • "4.
    There are on the land in dispute along Iyioku and Idozu rivers extensive tombo-groves and swamps and also within the area cluster of palm plantation coloured GREEN in the said Plan) (No. MEC/275/74).
  • 5.
    The plaintiff and his people and before them their ancestors from time immemorial have been in possession as owners and are still in possession of the land in dispute together with the groves, swamps and cluster of palm plantation aforesaid.
  • 6.
    The plaintiffs people of Umuori Neni were adjudged the owners in possession of the land in dispute in the Onitsha High Court Suit 0/44/48 and 0/19/49 and in a memorandum of Agreement dated the 1st day of February, 1955 between the people of Umuori and the people of Oraukwu (which memorandum was later made an order of court); the defendant's people of Oraukwu recognised and acknowledged the title of the Umuori people to the land in dispute and their right to possession there of. These judgments and the plans Nos. G.A 13/54 and GA /332/55 and memorandum will be founded upon.
  • 9.
    In suits 0/50/56 and 0/51/56 one Christopher Obiorah for himself and on behalf of Umuori people prosecuted some people of 'Oraukwu for trespass into the tombo groves and in the land in dispute and succeeded. The judgment and plans Nos. GA/171/56 and MEC/24/57 filed by the parties in that case will be founded upon.”

In each of the judgments in the four suits pleaded in paragraphs 6 and 9 of the statement of claim and admitted in evidence, the respondent's community were awarded damages for trespass and an order of injunction against the defendants therein. More specifically in suit No.0/24/54 which was the later case, a consent judgment was given as per the memorandum of agreement and the plan attached thereto and marked Exhibit A, where in the people of Oraukwu, the appellants' community, recognised and acknowledged the title of the respondent community to the land in dispute.

The trial judge found for the respondent and granted an injunction not only against the appellants but against the entire people of Oraukwu, their servants and agents.

Dissatisfied with the decision of the lower court the defendants appealed to the Court of Appeal.

Issues

  • 1.
    Whether a suit not necessarily constituted in a representative form...
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