n Compulaw - 1st Indigenous Digital Law Library
Disable Preloader

CaseLaw

Okoye V. Obiaso (2010) CLR 3(k) (SC)/span>

Judgement delivered on March 5th 2010

Brief

  • Documentary evidence
  • Concurrent finding of fact

Facts

The Appellants were Plaintiffs at the High Court of Anambra State, Holden at Onitsha in suit No. 0/40/76 in which they claimed the following reliefs against the Respondents who were then the Defendants:

  • 1
    A declaration that the Plaintiffs are entitled to customary right of occupancy of the land hereinbefore described as the land in dispute, the annual value of which is N40.00.
  • 2
    An order of Court for the 1st and 2nd Defendants to accept the redemption fee paid by them to the said pledged land delineated on the Plaintiffs, Plan No. NG/AN 180/99 and therein hatched blue.
  • 3
    An order of Court for forfeiture against the 2nd, 3rd and 4th Defendants in respect of the areas on customary tribute hatched red on the Plaintiffs 'plan.
  • 4
    N400.00 General Damages for trespass and wanton destruction of the Plaintiffs' economic crops on the land in dispute outside the area pledged to the 1st and 2nd Defendants as aforesaid.
  • 5
    Perpetual injunction to restrain the Defendants, their servants, agents, representatives and each and everyone of them from any further acts of trespass upon the said land or from interfering in any way whatsoever with the Plaintiffs' enjoyment of the said land."

Parties to the action filed and exchanged their pleadings. The action was instituted and prosecuted in a representative capacity. The land in dispute is called "Ana Abogwugwu" by the Appellants and is said to situate at Okpuno Aborji village in Oba which the Appellant's claim was pledged in 1968 to 1st and 2nd Defendants which the family sought to redeem.

At the conclusion of trial, the learned trial judge dismissed the case of the Plaintiffs/Appellants who consequently appealed to the Court of Appeal which found no merit in the appeal and dismissed same. The present appeal is a further appeal by the Appellants against the judgment.

Issues

  • 1
    Whether the Court below directed itself properly and correctly on the...

Read More