Charles Ume V. Godfrey A. Okoronkwo & Anor. (1996)

LAWGLOBAL HUB Lead Judgment Report

OGWUEGBU, J.S.C.

This is a further appeal to this court against the judgment of the Court of Appeal, Enugu Division by one of the defendants in consolidated suits. In the High Court of Imo State, Orlu Judicial Division, the plaintiff instituted an action against the defendants claiming the following reliefs:-

“(1) Declaration of title to the piece and parcel of land situate at Umuezeaha Umukegwu Akokwa within jurisdiction and shown in the Plan No. IM/GA2171/76 filed with this Statement of Claim. The annual value is N10.00

(2) N200.00 (two hundred naira) general damages for trespass.

(3) Perpetual Injunction restraining the defendants by themselves and/or their agents or servants or their privies from further trespass on the land or from any further violation of plaintiff’s ownership and enjoyment of the said land.”

The suit is numbered HOR/73/76. The 2nd defendant filed a cross action (HOR/26/77) against the plaintiff claiming a declaration of title to the same parcel of land, general damages for trespass and perpetual injunction. Both suits were consolidated by the learned trial Judge at the request of counsel for both parties. The plaintiff in Suit No. HOR/73/76 became the plaintiff in the consolidated suits and the defendants continued to be defendants. The plaintiff called the land ALA EKPE AFA situate at Umuezeaha Umukegwu Akokwa. The defendants called it ALA UMUNWOKEOCHA situate at Ikpa Umukegwu. Both parties filed and tendered survey plans of the land in dispute as Exhibits “A” and “B” respectively.

At the close of the case, the learned trial Judge found for the plaintiff and granted all the reliefs sought. Dissatisfied with the decision, the 2nd defendant appealed to the Court of Appeal. His appeal was unsuccessful hence the further appeal to this court.

Two issues submitted for determination in the appeal by the 2nd defendant are:

“1. Whether the appellant and his predecessors-in-title were bound by the decision of the native or customary arbitration that sought to resolve the dispute between the appellant’s predecessor-in-title and the plaintiff respondent.

2. Whether the respondent established a valid and binding customary arbitration between his predecessor-in-title and the appellant’s predecessor-in-title. ”

The plaintiff’s case is that he is the owner in possession of the piece of land called Ala Ekpe Afa verged yellow in Exhibit “A” and that the area verged pink in the said exhibit is the portion in dispute. His compound and his other land not in dispute lie on the west and south-west of the area in dispute and is verged violet.

The plaintiff’s Ekpe Afa (a hollow ground for Afa ritual ceremony) lies in the centre of the land. The plaintiff performs his Afa (ritual) worship on the hollow ground as his ancestors before him did.

The entire Ekpe Afa land has been in the ownership and possession of the plaintiff’s ancestors before him until it descended by inheritance to the plaintiff who has been in ownership and possession since his father’s death many years ago. It is the plaintiff’s case that the portion verged pink in Exhibit “A” was pledged by his father Ukobi to late Uzozie (1st defendant’s grand father) for “nnu ego nese” which is the equivalent for N2.00 (two naira) today.

Sometime before the death of the 1st defendant’s grandfather Uzozie, the plaintiff and his father noticed the presence of the 2nd defendant’s father (Ume Agudosi) a non-member of Uzozie’s family on the pledged land. He was farming on it. The plaintiff and his father inquired from Uzozie why the father of the 2nd defendant was on the land. They were informed that he Uzozie had asked the 2nd defendant’s father to look after the farm land for him since he (Uzozie) lived far away from the land while the 2nd defendant’s father lived near it. Subsequently, the 1st defendant’s grandfather Uzozie, the 2nd defendant’s father Ume Agudosi and the plaintiff’s. father Ukobi died.

About twenty five years from the time the suit was filed when the 1st defendant was still a child, the plaintiff in the company of one Festus Onuoha took 1pound (one pound) to one Agehi and Ikeagwuonu (relatives of the 1st defendant) for the redemption of the land in dispute. They refused to accept the redemption money. Plaintiff stated that he took the complaint about the pledge to Chief Joseph Okoli who summoned the elders. The 1st defendant, his relatives Agechi and Ikeagwuonu attended. Each party stated his case. The Chief and the elders inspected the land. They saw one Ume Obiaraeri, a mad man who lived in a hut on the land in dispute. He chased them away from the land during the inspection.