Ezeanya Duru V. Peter Onwumelu (2001)

LAWGLOBAL HUB Lead Judgment Report

UWAIFO, J.S.C. 

This case originated in the High Court of Awka Judicial Division of Anambra State. It was filed on 22 May, 1974. For reasons I need not go into hearing of the case did not commence until 13 January, 1987 before Obiesie J., who on 13 April, 1992 gave judgment dismissing the plaintiffs’ claim in which they had sought:

“(i) A declaration of title (ownership) under native law or custom to the plaintiffs’ piece or parcel of land known as and called ‘AGU UDUDONKA’ or ‘AGU AKWALA’ which situates at Ula village Ekwulobia, within jurisdiction and shown verged red in the plaintiffs’ plan No. NLS/AN.572/83 filed with this statement of claim. The annual rental value of this land is about N10.00 (ten naira).

(ii) Special and General damages for trespass committed on this land on or about the 20th day of March, 1974, limited to N1,000.00 (one thousand naira).

(iii) An injunction restraining the defendants, their servants, agents and or workmen from committing further trespass on the said land.

Particulars of Special Damage

(a) The value of the first building including door and window frames destroyed by the defendants

on this land on 20/3/74 is about…N500.00

(b) The value of the second building destroyed by the defendants

on this land on 7/5/74 is about N300.00

(c) General damages for trespass limited to N200.00

Total N1,000.00”

The learned trial Judge considered the two main planks upon which the plaintiffs based their claim to title. These are: (1) long possession, usually stated as numerous acts of ownership and possession from time immemorial, and (2) inference of ownership that may be drawn under section 45 (now section 46) of the Evidence Act. He found that both did not avail the plaintiffs. Furthermore, the learned trial Judge held that two earlier decisions of the Native Courts pleaded and relied on by the defendants made the plaintiffs, claim unmaintainable, one is a decision of the Isuofia Native Court given in 1935 and admitted as Exhibit K. The other is the decision of Mbamisi Native Court given in 1952, admitted as exhibit L.

The plaintiffs then appealed to the Court of Appeal, Enugu Division. In the leading judgment given by Achike JCA, Exhibit K which was accompanied with a sketch to support the boundary agreed upon and drawn by the Native Court was severely criticised. It was said that the sketch did not conform to section 3(1) (b)(i) of the Survey Law (Cap. 124), Laws of Eastern Nigeria, and accordingly, Achike JCA observed that “the sketch attached to Exhibit K was a worthless document” and ought not to have been admitted in evidence. It was also held that the learned trial Judge accorded an erroneous interpretation to section 45 of the Evidence Act when he concluded that the plaintiffs could not rely on the provisions of the section in view of the way the relevant lands were situated and located. On 8 July, 1997, the lower court allowed the appeal and ordered a retrial. The judgment is reported as Onwwnelu v. Duru (1997) 10 NWLR (Pt.525) 377.