Chief Kaladar. I. Nteogwuile V. Chief Israel U. Otuo (2001)

LAWGLOBAL HUB Lead Judgment Report

OGWUEGBU, J.S.C.

The plaintiff, now respondent originally sued one defendant-Chief Brown Brown, claiming a declaration that the Okan-Ama Stool is the paramount chieftaincy stool of Unyeada town, that the plaintiff is the present incumbent on the said Stool, a declaration that the defendant’s forcible installation of himself as the Okan-Ama of Unyeada on 12th January, 1980, with the aid of armed policemen is contrary to Unyeada native law and custom and is therefore null and void and perpetual injunction restraining the defendant from parading himself as the Okan-Ama of Unyeada. The present appellant applied to be joined as 2nd defendant. He was accordingly joined by order of court dated 28th July, 1980.

Pleadings were ordered, filed and exchanged. The claim was amended with an additional relief as follows:

“The plaintiff’s claim against the defendants is for:

(i) A declaration that the Okan-Ama Stool is the paramount chieftaincy stool of Unyeada town, and the plaintiff is the present incumbent on the said Stool.

(i) A declaration that the Otuo House is the royal family of Unyeada, and entitled to produce the Okan-Ama of Unyeada.

(ii) A declaration that the defendant’s forcible installation of himself as the Okan-Ama of Unyeada with the aid of armed Policemen is contrary to the native law and custom of Unyeada and is null and void.

(iii) N10,000.00 (Ten thousand naira) being general damages for trespass in that the defendant broke into the Otuo Royal Shrine and looted away the traditional drum called “Akama” and has polluted the Shrine.

(iv) A perpetual injunction restraining the defendant from parading himself as the Okan-Ama of Unyeada, and from continued custody of the “Akama” traditional drum”

The plaintiff further amended his statement of claim with leave of court and the action proceeded to trial on the further amended statement of claim and the statement of defence of each of the two defendants.

After due trial on the evidence, the court of first instance found as follows:

“Finally, the claim of the plaintiff, except the part declaring that the paramount chieftaincy stool in Unyeada town is the Okan-Ama, the other claims of the plaintiff had not been established and are not, therefore, granted and are hereby dismissed.”

The plaintiff appealed to the Court of Appeal. That court in a unanimous judgment allowed the appeal and set aside the decision of the trial court. The court below held at pages 476 – 477 of the record of proceedings:

“As I have said supra, this case is tied in the main to traditional history and the aspect of custom has to do with the slaughtering of native cow and the beating of Akama drum. The appellant at the court of. trial established his claim on the balance of probabilities. In the result, the two issues formulated by the respondent having been resolved against him, this appeal therefore succeeds and I therefore make the following declarations:-