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CaseLaw

Okonkwo V. Okonkwo (2010) CLR 6(c) (SC)

Judgement delivered on June 11th 2010

Brief

  • Cause of action and jurisdiction
  • Declaratory action
  • Claim for declaration of title to land
  • Ownership of land
  • Finding of fact
  • Land Use Act
  • Kojo v Bonsie
  • S.45 Evidence act

Facts

This action was commenced at the Onitsha Judicial Division of the High Court of Anambra State by a writ of summons dated the 26th of April, 1989 and filed on the 2nd of May, 1989. The Plaintiffs were the Respondents at the Court below and also the Respondents herein. The Appellants who were also the Appellants at the Court below were the Defendants. In paragraph 36 of the Amended Statement of Claim the Plaintiffs/Respondents claimed against the Defendants/Appellants as follows:-

  • 1
    A declaration that the Plaintiffs are entitled to the grant of Customary Right of Occupancy in respect of the piece or parcel of land known as and called "NKPU Ocha Owelle land" which is situate in Ire village Umuoji, the annual rental value of which is about N50.00 (fifty naira) only.
  • 2
    N2,000.00 (two thousand naira) only as general damages for trespass on the said land.
  • 3
    Perpetual injunction restraining the Defendants, their servants, agents, privies or workers from committing any further acts on the said Plaintiffs Nkpu Ocha Owelle Ire land.

The trial involved the testimony of four witnesses for the Plaintiff's case and three witnesses for the Defendant's case. In his judgment on the 27th day of July, 2000, C. U. Ononiba, C. J., granted the claim in its entirety.

Dissatisfied, the Defendants proceeded on appeal to the Court of Appeal. In its unanimous judgment on the 24th of July, 2003 the appeal was dismissed.

They are still not satisfied and have therefore come on appeal to this Court.

Issues

  • 1
    Whether from the judgment of the High Court, it was right for the Court of Appeal...

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