Chiduve Onwube & Ors V. Udegbunba Nduba (1972)
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Parties
- CHIDUVE ONWUBE
2. MOCHA ANUMUDU
3. OBUASI ONWUACHI
4. CHIGBOGU UDEAGALANYA – Appellant(s)
AND
UDEGBUNBA NDUBA – Respondent(s)
G. B. A. COKER, J.S.C.
This case easily resolves itself on the facts. The findings of the learned trial judge who saw and heard the witnesses are amply supported by the evidence which he had accepted. Before us on appeal, feeble attempts have been made to disparage those findings, but we are satisfied that these are not sufficient to warrant our interfering with the considered judgment of the learned trial judge.
The appellants’ case rested substantially on an allocation of the land in dispute to one ancestor of the respondent who had married a daughter of theirs by the name Odene; this story was expressly rejected by the learned trial judge who described it as a “fairy tale” and denounced it in terms not dissimilar to those employed by one of the plaintiff’s witness, Emeka Nnaechi.
We are satisfied that this appeal has no substance and it is hereby dismissed. For the avoidance of doubt we enter judgment for the respondent, i.e., the Umueze Family for a declaration of title to land described and covered by the Plan No. GA 12/58 of 18th of January, 1958 drawn by plaintiff’s surveyor Obianwu and produced as Exhibit ‘A’ in these proceedings.
We also affirm the Order of injunction made by the learned trial judge against the appellants. The appellants will pay the costs of the appeal fixed at 70 guineas.
SC.686/1966
