In the High Court of Imo State holden at Umuahia, the Plaintiffs claimed from the Defendants jointly and severally as follows:-
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1
N10, 000.00 (ten thousand Naira) being special and general damages for trespass.
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2
An injunction permanently to restrain the defendants, by themselves, their agents and workmen from in any way dealing or interfering with the said plot of land.
PARTICULARS OF SPECIAL DAMAGES The value of 1,000 moulded blocks of cement destroyed by the
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Defendants N600.00
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General Damages 9,400.00
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10,000.00
Two defendants were originally sued. The first Defendant Comfort Nkume died leaving Helen Nkume as the only Defendant.
Pleadings were ordered filed and exchanged between the parties. These were later amended. The Plaintiffs fought their case on the basis of their "Amended Statement of Claim" filed on 6th October, 1986, while the Defendant relied on her "Further Amended Statement of Defence of 2nd Defendant" filed on 12 January, 1989.
The plaintiffs in paragraph 4 of their Amended Statement of claim described the land in dispute as-
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"a piece or parcel of land known as PLOT of land East of Block 48 Umuahia situate and lying at Niger street in the Umuahia Township within the Umuahia Judicial Division."
"a piece or parcel of land known as PLOT of land East of Block 48 Umuahia situate and lying at Niger street in the Umuahia Township within the Umuahia Judicial Division."
At the trial the Plaintiffs called two witnesses in support of their claims while a total of eight witnesses testified for the Defendants including the Defendant herself.
The facts are not difficult to understand. The Plaintiffs claim to have inherited the land in dispute from the Registered Trustees of the Synod on the Diocese of the Niger which had leased the land from the then government of eastern Nigeria, and are thus lessees in possession.
The defendant on the other hand contended that the land in dispute called ONU MIRI UZO UBI belong to her father from whom she inherited it. She stated how her father's patient, one Mr. John Iroanya could not pay for native treatment by her father. So John Iroanya gave the land in dispute to her father in lieu of money. She was born on the land, and being the only child other late father, she inherited it and has always been in possession.
At the conclusion of the trial, the learned trial judge in a reserved judgment found for the Plaintiffs when he said as follows-
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"In the final result, in the light of my findings, the Plaintiffs are entitled to succeed and I hereby enter Judgment for the Plaintiffs against the Defendant for special damages of N600.00 for the one thousand cement blocks destroyed by the Defendant. I order perpetual injunction restraining the Defendant, her agents and or servants from committing any further acts of trespass in the Plaintiffs' land which lies at Umuahia Urban and verged Pink in Exhibit C in these proceedings."
Being aggrieved by the judgment of the learned trial judge, the defendant appealed to the Court of Appeal holden at Port-Harcourt on a number of Grounds of Appeal. In a unanimous judgment, the court of Appeal found merit in the appeal and accordingly allowed it. It dismissed Plaintiffs' action or claims. The Court concluded its lead judgment as follows-
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“From whatever aspect which the facts of this case are considered, I am satisfied that the Respondents (Plaintiffs) failed to make out a clear case against the Appellant (Defendant), The Appellant (Defendant) who was therefore in exclusive possession of the land in dispute was entitled to maintain that possession by getting rid of the cement blocks unlawfully brought to the land, and cannot be liable for their value. I find merit in this appeal and accordingly allow it. The Respondents' (Plaintiffs) action having failed is hereby dismissed. I award N1,500.00 as costs in the Court below and N2,500.00 as costs in this Court in favour of the Appellant (Defendant)."
Dissatisfied with the judgment of the court of Appeal the Plaintiffs have now appealed to this Court
