Category: Land Cases

Civil Cases Land Cases

BEFORE HIS LORDSHIP: – HON. JUSTICE I. M. NJAKA SUIT NO: HOW/565/2023. BETWEEN: CHIEF PST. POWELL OPARAUGO (for himself and on behalf of members of Oparaugo family, Owerri Nchi Ise Owerri Municipal Imo State). V. EMMANUEL UKACHU & ORS -Res Judicata- Abuse of Court Process- Registrar did not endorse the Writ- The issue of non-signing of the originating summons by the Registrar of the trial court or an officer of that court duly authorised to sign same

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IN THE HIGH COURT OF IMO STATE OF NIGERIA IN THE HIGH COURT OF OWERRI JUDICIAL DIVISION HOLDEN AT HIGH COURT OF JUSTICE, OWERRI THIS WEDNESDAY THE 7TH DAY OF  ...
Civil Cases Land Cases

SUIT NO: HOW/1479/2022- BY HON JUSTICE INNOCENT M. NJAKA:Estoppel and Res Judicata Whether the Plaintiffs/Respondents are estopped in law from instituting the current suit based on the principles of estoppel and res judicata, considering the requirements of a prior judgment, the identity of parties, and the subject matter. Legal Reference: The doctrine of estoppel under Nigerian law requires (i) a final judgment by a court of competent jurisdiction, (ii) identical parties or their privies, and (iii) identical subject matter (Iwuagolu v. Azuka [2007] 5 NWLR (Pt. 1028) 621). Abuse of Court Process Whether the current suit constitutes an abuse of court process, as alleged by the 3rd Defendant/Applicant, examining if the Plaintiffs/Respondents are improperly using the legal process to harass or annoy the opposing party. Legal Reference: Abuse of court process occurs when legal processes are used maliciously or oppressively (Saraki v. Kotoye [1992] 9 NWLR (Pt. 264) 156). Resolution of Estoppel at Interlocutory Stage Whether the court can determine the issue of estoppel at the interlocutory stage without a full trial, considering whether affidavit evidence alone is sufficient to resolve such complex legal issues. Legal Reference: Nigerian courts require full hearings for complex issues like estoppel, which cannot be conclusively resolved through affidavit evidence alone (Tobin v. Mobil Production (Nig.) Unlimited [2015] All FWLR (Pt. 778) 808). Denial of Involvement in the Constitution Whether the Plaintiffs/Respondents’ denial of involvement in the constitution upon which the 3rd Defendant/Applicant claims traditional rulership raises sufficient grounds for the court to proceed to a full hearing. Legal Principle: Factual disputes, particularly involving denials of involvement or privity in key documents, require a full trial for a comprehensive examination of evidence. Bad Faith in Application to Dismiss Whether the 3rd Defendant/Applicant’s application to dismiss the suit is made in bad faith to prevent the Plaintiffs/Respondents from obtaining a fair hearing and to frustrate the judicial process. Legal Reference: Applications intended to deny a party’s right to a fair hearing can be deemed to be made in bad faith and constitute an abuse of the legal process (Honda Place Ltd. v. Globe Motors Ltd. [2005] 14 NWLR (Pt. 945) 273)

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IN THE HIGH COURT OF IMO STATE OF NIGERIA IN THE HIGH COURT OF OWERRI JUDICIAL DIVISION HOLDEN AT HIGH COURT OF JUSTICE, OWERRI   BEFORE HIS LORDSHIP: - HON....
Civil Cases Land Cases

SUIT NO. HOW/313/2016 1.CHIDI UNEZE 2. INNOCENT AHUMIBE 3. GODSON NNADI 4. CHIEDU OSUJI 5 SABASTINE OPARAJI 6. LOUIS OKORO 7. FERDINAND UKAEGBU 8. EMMANUEL AGUMANU ( For Themselves And As Representatives of the Native Owners of The Land In Dispute in Umuohiadagu/umuekwema, Umumbazor, Nekede, Owerri West LGA And Purchasers From Them; Except The 4th – 8th Defendants And Their Supporters. AND 1. THE GOVERNOR, IMO STATE OF NIGERIA 2. HE HONOURABLE COMMISSIONER MINISTRY OF LANDS, SURVEYS & URBAN PLANNING 3. MR. U.D. NWAIWU, DIRECTOR OF LANDS MINISTRY OF LANDS, SURVEYS & URBAN PLANNING 4.CHRIS OKECHUKWU 5.ASIKA UNEZE 6.ONYEKACHI MADUAGWU 7.H.R.H. EZE STEPHEN K. AGUMANU IV Delivered on THIS WEDNESDAY THE 9TH OCTOBER,2024 by HIS LORDSHIP: – HON. JUSTICE I. M. NJAKAWithdrawal of Representation by Counsel, Conditions for Counsel’s Withdrawal from Representation, Defendants’ Absence Despite Court’s Multiple Adjournments Unlawful Land Acquisition: Plaintiffs argue that the Defendants failed to follow required legal processes for land acquisition, including the absence of a ‘Claims Survey’ and lack of ‘adequate compensation.’ Constitutional Right to Property: Emphasis on the constitutional right to own property and the government’s obligation to adhere to statutory procedures for compulsory land acquisition. Deficiencies in Defendants’ Evidence: Defendants’ failure to provide proof of legal acquisition, such as documentation of ‘gazetted acquisition’ or payment of compensation. Court’s Stance on Public Acquisition: Judicial rulings highlighted that mere designation of land for public use does not amount to lawful acquisition without adherence to legal requirements. Validity of Ownership: Argument distinguishing between possession and ownership, with reference to established legal principles proving ownership of land. Discrepancy in Payment Justification: Inconsistency in Defendants’ claim of paying N4 million for “Ego Ipipie Ohia,” questioning the legality of this payment in relation to proper government land acquisition. Procedural Irregularities: Issues raised regarding statutory non-compliance and procedural flaws in the Defendants’ acquisition process, including lack of proper notifications and due process. Presumption of Regularity Rebutted: Defendants’ claim of presumption of regularity under the Evidence Act rejected due to failure to meet statutory requirements.

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IN THE HIGH COURT OF IMO STATE OF NIGERIA IN THE HIGH COURT OF OWERRI JUDICIAL DIVISION HOLDEN AT HIGH COURT OF JUSTICE, OWERRI THIS WEDNESDAY THE 9TH OCTOBER, 2024...
Civil Cases Land Cases

SUIT NO: HOW/723/2013 – MRS VALERIE ANN FRANCES IREGBULEM, SOREM LAWRENCE IREGBULEM, KELEM ASHLEY IREGBULEM, AMANZE ELLIOT IREGBULEM, MRS SAMANTHA IREGBULEM QUINN (SUING AS THE BENEFICIARIES OF THE ESTATE OF DR LAWRENCE M. IREBGULEM (DECEASED) VS SLY EMMANUEL EZENWUKWE, THE GOVERNOR OF IMO STATE IMO STATE COMMISSIONER FOR LAND SURVEY & URBAN PLANNING, OWERRI CAPITAL DEVELOPMENT AUTHORITY, ATTORNEY GENERAL OF IMO STATE BEFORE HIS LORDSHIP: – HON. JUSTICE I. M. NJAKA- delivered ON THE 7TH DAY OF DECEMBER 2021- Revocation of Certificate of Occupancy- Procedure of Revocation- Ambiguity in Revocation Notice- Timeliness of the Defense – Grounds for Revocation – Compensation and Fair Hearing – Compliance with Section 44 of the Land Use Act- Subsistence of Certificate of Occupancy.

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IN THE HIGH COURT OF IMO STATE IN THE OWERRI JUDICIAL DIVISION HOLDEN AT HIGH COURT OF JUSTICE, OWERRI BEFORE HIS LORDSHIP: - HON. JUSTICE I. M. NJAKA ON THE ...
Civil Cases Land Cases

SUIT NO.: – HOW/869/2017- MR. LINUS ANOZIE (FOR HIMSELF AND AS REPRESENTATIVE OF THE ENTIRE ANOZIE FAMILY OF UMUNKPUKE IN UMUNKWENYE VILLAGE) V MR. SABINUS IGWE ODUNZE, MR. CHIDI OKPE, MR. DONATUS OBINECHE, MR. LAZRUS OKPARA (FOR THEMSELVES AND AS REPRESENTATIVES OF THE ENTIRE UMUNKPUKE KINDRED EXCLUDING ANOZIE FAMILY), MR. EMMA I NDUMANYA- BEFORE HIS LORDSHIP: – HON. JUSTICE I. M. NJAKA – delivered ON THE 21ST DAY OF DECEMBER 2021- Arbitration according to customary law is an accepted means of settling disputes- five ingredients must be pleaded and established- right and freedom to resile from a customary arbitration- Refusal to provide or swear to a juju in the conclusion of arbitration can be seen as opting out or resiling from the arbitration- arbitration decision must be accepted by the parties at the time it was made for it to be binding- it may not be considered binding if either party refuses to accept the decision (based on the specific facts of the case)- five types of legal land ownership in Nigeria- burden of proof lies with the plaintiff when there is no counterclaim- methods of proving land ownership under native law and custom, including gifts of land- proof of a gift by traditional history arises when the event is beyond the memory of living witnesses- definition of a gift inter vivos- In cases of individual ownership versus communal ownership of land, the onus of proof lies on the party asserting individual ownership- t is essential for the head of a family to join in the conveyance, and the principal members of the family must consent to the transaction for the sale of family land to be valid

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IN THE HIGH COURT OF IMO STATE IN THE OWERRI JUDICIAL DIVISION HOLDEN AT HIGH COURT OF JUSTICE, OWERRI ON THE 21ST DAY OF DECEMBER 2021 BEFORE HIS LORDSHIP: -...
Civil Cases Land Cases

SUIT NO.: – HOW/295/2017 – CHIEF GODDY OJINNAKA VS CHRISTIAN EKE (For Himself and as Representing the Other members of Late Sunday Eke Family of Umuanu Umuonyeche, Owerri, Imo State)- BEFORE HIS LORDSHIP: – HON. JUSTICE I. M. NJAKA- delivered ON THE 21ST DAY OF DECEMBER, 2021- Commendation of Counsel- Onus of Proof in Land Title Cases- Requirement for Sale of Family Land- Customary Sale Requirements- Proof of Ownership of Title- Multiple Means of Proving Ownership- Onus in Land Title Disputes – Witness Testimony and Corroboration – Family Land vs. Individual Land- Sale of Family Land- Proof of Illiteracy- Presumption for Documents Over 20 Years Old- Burden of Proof in Allegations of Forgery- Evidence of Land Use – Lack of Evidence for Customary Practices- Incomplete Ownership Activities- Documentary Evidence- Lack of Substantiated Claims- Dispute Survey Plan- Post-Suit Documents

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IN THE HIGH COURT OF IMO STATE IN THE OWERRI JUDICIAL DIVISION HOLDEN AT HIGH COURT OF JUSTICE, OWERRI ON THE 21ST DAY OF DECEMBER, 2021 BEFORE HIS LORDSHIP: -...
Civil Cases Land Cases

SUIT NO: HOW/524/2017- 1. ENGR. ELEAZER ONYECHERE 2. BRIGHT INDIA ONYECHERE 3. EMMANUEL ONYECHERE 4. BERTHRAM ONYECHERE 5. HERBERT ONYECHERE (For themselves and as representing the Onyechere Family of Umuokem, Obokwu Obinze, Owerri West L.G.A), save and except the Defendant.) VS. MICHAEL U.A ONYECHERE- BEFORE HIS LORDSHIP: – HON. JUSTICE INNOCENT. M. NJAKA delivered ON THE 5TH DAY OF OCTOBER 2021- Partition of Land- Prerogative of the Head of the Family- Consent of Principal Members- Validity of Committee’s Role- Validity of Committee Actions- Customary Practice- customary law cannot contradict the provisions of the Nigerian Constitution, particularly those prohibiting discrimination

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IN THE HIGH COURT OF IMO STATE OF NIGERIA IN THE OWERRI JUDICIAL DIVISION HOLDING AT OWERRI ON THE 5TH DAY OF OCTOBER 2021 BEFORE HIS LORDSHIP: - HON. JUSTICE...
Civil Cases Land Cases

HOW /581/2014 – INNOCENT NNAJIOFOR Vs. 1.LAWRENCE OKEREKE 2.EMMANUEL NWAKA 3.MRS. VICTORIA I. U. ONUBA 4. NJEMANZE EUNICE O. 5. NJEMANZE ALEXANDER O. 6.MINISTRY OF LANDS, SURVEY, HOUSING AND URBAN PLANNING, IMO STATE 7.ATTORNEY-GENERAL, IMO STATE -BEFORE HIS LORDSHIP: – HON. JUSTICE I. M. NJAKA-delivered ON THURSDAY, THE 25TH DAY OF MAY 2023 – whether the plaintiff’s action is statute-barred- Timing of Raising Statute of Limitations-Consequences of Statute Bar-Burden of Proof- what matters is whether the parties are ad idem (in agreement) about the same piece of land, regardless of the names used-mere registration does not validate spurious or fraudulent transfers-the significance of filing a red copy of the survey plan with the relevant authorities and the implications of not doing so- he existence of a statutory or customary owner of the land who had not been divested of their legal interest before the C of O was granted to the Plaintiff.

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IN THE HIGH COURT OF IMO STATE OF NIGERIA IN THE OWERRI JUDICIAL DIVISION HOLDEN AT HIGH COURT OF JUSTICE, OWERRI ON THURSDAY, THE 25TH DAY OF MAY 2023 BEFORE...
Civil Cases Land Cases

SUIT NO: HAM/68/2019 -CHIDI OKEKE MR. CHIZOBA OKEKE, MR. OKECHUKWU OKEKE, MR. ONYEKACHI OKEKE Vs MRS. JOSEPHINE EHIUDO – delivered on FRIDAY 14TH OCTOBER, 2022 BEFORE HIS LORDSHIP: – HON. JUSTICE I.M. NJAKA- Oral Agreement-Land Transaction-Prove-Joint ownership of property-Arbitration -Failure to contest arbitration

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IN THE HIGH COURT OF IMO STATE OF NIGERIA IN THE MBAISE JUDICIAL DIVISION HOLDEN AT AHIAZU MBAISE FRIDAY 14TH OCTOBER, 2022 BEFORE HIS LORDSHIP: - HON. JUSTICE I.M. NJAKA...
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