ORIANWO V OKENE

Issue:

In Suit No. PHC/119/81 in the Port Harcourt Judicial Division of the High Court of Rivers State, Nnanta Orianwo, Richard Wosu, Franklin Amadi, Thomas Acho and Boniface Elewa, for themselves and on behalf of Rumuorianwo Wogozo Family (hereinafter are referred to as plaintiffs) sued L. o. Okene, Harrison Okene and Maxwell Okene, for themselves and as representing the Okene Amadi Family (hereinafter are referred to as Defendants), claiming declaration of customary right of occupancy, N50,000.00 damages and perpetual injunction. Pleadings were filed and exchanged and, with leave of court, amended. Shortly after the above suit was instituted, Harrison Okene and Emmanuel Okene, on behalf of themselves and other members of Okene Family instituted a cross action in suit No. PHC/126/81 claiming from Fyneface Lawa, Cyprian Lawa and James Achorthe sum of N20,000.00 as damages for injunction. At the trial, Plaintiffs called 6 witnesses in support of their case. The Defendants called 5 witnesses. At the conclusion of trial and after addresses by learned counsel for the parties, the Learned trial Judge (Ungbuku, J) in a well considered judgment found for the Plaintiffs and entered judgment in their favour in terms of their claims in Suit No. PHC/119/81; he dismissed the Defendants' suit No. PHC/126/81. The Defendants were dissatisfied with the judgment against them and appealed to the Court of Appeal. The Plaintiffs, too, were not happy with the trial Judge's addendum to his judgment on Charles Okene's house and appealed against that part of the judgment. The Court of Appeal allowed the Defendants' appeal, set aside the judgment of the trial Court and entered judgment for the Defendants in the sum of N1,000.00 as general damages for trespass and injunction as Claimed in Suit No. PHC/l26/81. The Court dismissed Plaintiff's claims in Suit PHC/l19/81 and their cross appeal. Hence, further appeal to the Supreme Court by the plaintiffs.