Before Their Lordships
Aloysius Iyorgyer Katsina-Alu (Justice, Supreme Court)
Dahuru Musdapher (Justice, Supreme Court)
Sunday Akinola Akintan (Justice, Supreme Court)
Walter Samuel Nkanu Onnoghen (Justice, Supreme Court)
Ibrahim Tanko Muhammad (Justice, Supreme Court)
S.C. 426/2001
Between
Benjamin Onwughamba Ezenwa
Appellant
And
Okpara Oko
Michael Oko Okpara
Eze O. Eze
Respondents
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Judgement of the Court Delivered by Walter Samuel Nkanu Onnoghen. J.S.C.
This is an appeal against the judgment of the Court of Appeal, holden at Enugu in appeal No.CA/E/102/79 delivered on the 11th day of November, 1999 in which the court dismissed the appeal of the appellant against the judgment of the High Court of Imo State Holden at Afikpo Division in suit No.HAF/13/78 delivered by that court on the 18th day of June, 1979 in which it dismissed the appellant’s claim for statutory right of occupancy, trespass, injunction and specific performance, but awarded the sum of N500.00 (Five Hundred naira) damages in lieu of specific performance.
On the 26th day of May, 1978 the appellant, as plaintiff, caused a writ of summons to be issued against the respondents, as defendants, claiming the following reliefs:-
(i) A declaration that plaintiff is the person entitled to a statutory right of occupancy to a parcel of land near Eke Market, Afikpo and which is part of a larger area of land situate at Amachi Village, Afikpo in Afikpo Local Government Area of Imo State within Judicial Division, the annual value which is N10.00 (Ten Naira).
(ii) N500.00 (Five Hundred Naira) being general damages for trespass upon the said land.
(iii) Injunction perpetually restraining the defendants, their servants, agents and workmen from further entry upon or interference with the land.
(iv) Specific performance against the defendants in respect of the contract and for lease agreement made on the 26th day of January, 1965 in connection with the renewal of the lease”.
The facts of this case are very simple and straight forward just as they remain undisputed. The original 1st defendant granted a lease of the property in dispute to the appellant on the 26th day of January, 1965 for 10 years as evidenced in Exhibit A. Exhibit A was therefore to expire on 26th day of January, 1975 with an option for renewal. In 1966 appellant took possession of the land and laid foundation for a concrete building thereon up to the floor level before the Nigerian Civil War forced him to flee Afikpo to his home town, Achina from where he returned in 1971 to find motor mechanics in occupation of the property who atoned tenancy to him as appellant continued with the leasehold.
