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LADY UGWUDIYA CLARALEE IROBUNDA v. ALOZIE IROEZI & ANOR

(2018) LPELR-44576(CA)

In The Court of Appeal of Nigeria

On Monday, the 28th day of May, 2018

CA/OW/14/2014


Before Their Lordships

MASSOUD ABDULRAHMAN OREDOLA Justice of The Court of Appeal of Nigeria

AYOBODE OLUJIMI LOKULO-SODIPE Justice of The Court of Appeal of Nigeria

ITA GEORGE MBABA Justice of The Court of Appeal of Nigeria


Between

LADY UGWUDIYA CLARALEE IROBUNDA - Appellant(s)

AND

1. ALOZIE IROEZI
2. OSONDU IROEZI - Respondent(s)


Other Citations

; ;


Summary

INTRODUCTION:
This appeal borders on Civil Procedure.
FACTS:
This appeal is against the judgment of Abia State High Court in Suit No.HU/63/2007, delivered on 13/3/2013.  The Respondents were the Claimants at the High Court. The Claims at the High Court were for: 

(1) A declaration that the Defendant cannot, by force, take away from the plaintiffs the possession, ownership and use of the land in dispute.
(2) The Sum of N58,500.00 (Fifty Eight Thousand Five Hundred Naira) only as special and general damages for the (9) nine palm trees.
(3) An order of injunction restraining the Defendant, his privy, agents/or his workmen from further entry upon or interfering with the said land. 

The Defendant filed a defence and a Counter-claim and sought title over the said land, as follows:
(a) A declaration that the Defendant is the person entitled to the Statutory Right of Occupancy over the "UZO ODO AWOM Land" which situate in OkwutaIsiekeIbeku in Umuahia North Local Government Area of Abia State. 
(b) A declaration that there is a valid contract of sale between the Plaintiff and Defendant concerning "UZO ODO AWOM" land situate, being, lying at OkwutaIsiekeIbeku in Umuahia North Local Government Area of Abia State.
(c) An Order of Court compelling the Plaintiff to stop meddling with and trespassing upon the UZO ODO AWOM land of the Defendant.
(d) An Order of Court compelling the Plaintiff to collect his balance of N550,000.00 (Five Hundred Fifty Thousand Naira), being the balance of purchase money outstanding in favour of the Plaintiff.
(e) The Sum of N750,000.00 (Seven Hundred and Fifty Thousand Naira being amount of money collected by the Plaintiffs for the past five years from pledging the land to third parties, without the consent of the Defendant.
(f) The Sum of N5,000,000.00 (Five Million Naira), being general damages for the loss of use and loss of expected profit of the Defendant."

After hearing the parties and considering the addresses of Counsel, the Learned Trial Judge entered judgment for the Plaintiffs. Dissatisfied, the Appellants appealed to the Court of Appeal.

ISSUES:
The Court determined the appeal on the issues it couched as follows:

(1) Whether the trial Court was right to hold for the Respondents in this case, granting the reliefs  sought by them and dismissing the Counter-claim, considering the evidence adduced and the Exhibit B? 

(2) Whether the judgment, delivered outside the 90 days allowed by the Section 294(1) of the 1999 Constitution, as amended, occasioned miscarriage of justice?

DECISION/HELD:
On the whole, the Court found no merit in the appeal and accordingly dismissed same.


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