Igbanude Obodo & Anor. V. Emmanuel Ogba & Ors (1987)

LawGlobal-Hub Lead Judgment Report

OPUTA, J.S.C

This is an appeal against the decision of the Court of Appeal, Enugu Division Coram Phil-Ebosie, Aikawa and Alu, JJ.C.A. setting aside the judgment of P. K. Nwokedi, J. (as he then was) granting the Plaintiffs in Suit No. E/68/73 a Declaration of title, N400.00 general damages for trespass and a perpetual injunction against the Defendants in that Suit.

In the same judgment, Nwokedi, J. dismissed the claims in Suit No.E/190/77. Incidentally Suit No.E/68/73 was consolidated with Suit No.E/190/77 for hearing. Umuene Town,Olo, Udi Division is made up of four villages or quarters namely Umuonyia, Umuafuke, Umuawata and Amangwu. In Suit No.E/68/73 the people of Amangwu through the Plaintiffs on record sued three sets of Defendants for themselves and representing the Umuafuke Amandim Olo, the Umuonyia Amandim Olo and the Umuawata Amandim Olo. The Claim of the Plaintiffs in Suit No.E/68/73 was for the following:-

(i) Declaration of Title to a piece and parcel of land called “Nkwoagu Amangwu”.

(ii) N400.00 general damages for trespass.

(iii) Perpetual Injunction restraining the Defendants, their servants and/or agents from…..interfering with the said land etc.

Pleadings were ordered, filed and exchanged. From those pleadings, there was no dispute with regard to the Identity of the land the Plaintiffs were claiming. The Plaintiffs’ plan Exhibit 3 and the Defendants’ plan Exhibit 4 refer to one and the same land. The only dispute that went to trial was one solitary issue-the ownership of the land in dispute. The Plaintiffs say the land in Exhibit 3 belongs to them (the Plaintiffs) exclusively, while the Defendants say that the land in dispute belongs communally to all the 4 quarter of Umuene including the Plaintiffs.

In proof of their exclusive ownership, the Plaintiffs pleaded in paragraph 8 of their Statement of Claim:-

(i) Inheritance from their great ancestor and founder Onuigbo as their root of title.

(ii) They also pleaded their various acts of possession and ownership as farming on the land, worshipping their various jujus on the land, erecting a market and constructing roads thereon. In the not too distant past the Plaintiffs made grants of portions of the land in dispute to the C.M.S. Mission for the building of their Teachers Quarters, to the R.C.M. for a school building. They also granted the areas where the Dispensary, Health Centre, and native Court Oye, were built.

(iii) They prosecuted or defended 3 native Court Suits, namely:-

(a) Oye Native Court Suit No. 20/51

(b) Ola/Awha Native Court Suit No. 1/55

(c) Ola/Awha Native Court Suit No. 7/54