Disable Preloader

CaseLaw

Oforkiri V. Maduike (2003) CLR 1(p) (SC) 9(e) (SC)

Judgement delivered on January 31st 2003

Brief

  • Ground of appeal of mixed law and facts
  • Preliminary objection to an appeal
  • Processes filed in court but not moved
  • Rules of court

Facts

This is an appeal from the judgment of the Court of Appeal, Port Harcourt Division. Two separate suits were filed in Imo State High Court in the Oguta Judicial Division. The 1sl suit No. HOG/2/ 79 was filed on 18/1/79 by the present appellants against the respondents, and on 6/3/79 the respondents filed their own suit No. HOG/10/79 over the same piece of land against the appellants. In Suit No. HOG/2/79 the appellants claim against the respondents is for trespass and injunction and in Suit NO. HOG/10/79 the respondents claimed against the appellants for:

  • a
    Declaration that the plaintiff is entitled to the customary right of occupancy of the land in dispute verged pink in the file plan No. PO/IMO.23/79 as herein pleaded.
  • b
    N200.00 (two hundred Naira) general damages for trespass to the said land in dispute as pleaded.
  • c
    Perpetual injunction restraining, the defendants, their servants, agents, workers and all claiming through or under them from entering the said land again and from causing any waste thereon."

The two suits concern the same piece of land. Ukattah J (as he then was) sitting at Oguta consolidated the two suits and heard them together. In the consolidated suit, Osuji Okoro Aforkire and Anor were made the plaintiffs and John Maduike and others were made defendants. At the end of the hearing the learned trial judge entered judgment in favour of the plaintiffs. He granted them N10,000.00 as damages for trespass and also made an order of injunction against the defendants.

  • a
    That the defendants are entitled to the customary right of occupancy of the land in dispute verged pink in Plan No.PO/IMO.23/79.
  • b
    N200.00 (two hundred Naira) general damages for trespass to the said land.
  • c
    Perpetual injunction restraining the defendant, his agent or servants and privies from repeating or continuing the acts of trespass to the said piece or parcel of land.

It is against the said judgment that Osuji Okoro Oforkire and Alhaji Okoro Oforkire, who are the appellants, in this appeal came before this court.

Issues

  • a
    Whether the Court of Appeal was right in ignoring the objection raised

Read More