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CaseLaw

Onuora V. Onuora (2011) CLR 3(e) (SC)

Judgement delivered on March 25th 2011

Brief

  • Evaluation of evidence
  • Concurrent findings of two lower court

Facts

This appeal is against the judgment of the Court of Appeal, Calabar Division delivered on the 17th of May, 2001 in which it affirmed the judgment of the trial High Court on the 28th of April, 1998. The Plaintiff was the Appellant at the Court below and also the Appellant herein. The original sole Defendant, Chief Collins Onuoha was the Respondent at the Court below and was also the sole Respondent in this Court. He died and has been substituted by his two sons Emeka Collins Onuoha and Ikenna Collins Onuoha as the Respondents.

The action itself was commenced on the 15th of December, 1992 when the writ of summons was issued. In it, the Appellant claimed simply for damages for trespass and perpetual injunction. In paragraph 15 of the statement of claim dated 29th January, 1993 however, the Appellant claimed as follows:

  • 1
    SPECIAL DAMAGES N4, 000.00
  • a
    Six orange trees destroyed N300.00
  • b
    Five plantain stands destroyed
  • c
    Cost of replacing the damaged Zinc and rafters of the Plaintiffs home N2,500.00
  • d
    20 stands of Cocoyam destroyed N300.00
  • e
    30 stands of Cassava destroyed N500.00
  • General Damages N491,700.00
  • TOTAL N500,000.00
  • 2
    A declaration that the Plaintiff is entitled to the Certificate of Occupancy in respect of the land being and situate beside the building at No. 221 Oron Road, Itian Ikot Ebia Uyo and which said land is more particularly described in survey plan No. AS/AK 146/92 LD dated 18th December, 1992.
  • 3
    Six orange trees destroyed N300.00 Perpetual injunction to restrain the Defendant, his agents servants and privies or otherwise from further trespassing or entering upon the land being and situate beside the building at No. 221 Oron Road, Itian Ikot Ebia Uyo and which said land is more particularly described in survey plan No. AS/AK 146/92 LD dated 18th December, 1992.

The Defendant filed his Statement of Defence on the 16th of July, 1993 and which was amended on the 23rd of November, 1995. In support of his case, the Appellant and two other witnesses gave evidence. For the defence the deceased Defendant/Respondent and five others gave evidence. At the close of evidence learned counsel for the parties addressed the Court. In its judgment on the 28th of April, 1998, the trial Court dismissed the claim in its entirely. As I said, the appeal to the Court below was dismissed.

Issues

The all pervading issue therefore is whether having regard to the matters pleaded in ...

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