Joseph Ekwere & Ors Vs Nakmakosi Iyiegbu & Ors (1972)

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FATAYI-WILLIAMS, JSC. 

In suit No. 0/91/59 filed in the Onitsha High Court, the plaintiffs, now respondents, claimed against the first set of defendants, i.e., the people of Amaogbu family –

“(a) A declaration of title of ownership and recovery of possession of land comprising of Isiyi and Abokuku lands situate at Okpu, Owerre in Awka Division.

(b) £3,000 damages for trespass committed by the defendants upon the said piece of land.

(c) An injunction to restrain the defendants, their servants or agents from further entering or in any way interfering with plaintiffs’ ownership and possession of the said land.”

The second and third sets of defendants were later joined by order of court. Paragraphs 1 – 9 of the plaintiffs’ Amended Statement of Claim, dated 18th February, 1963, read-

1. The plaintiffs are the people of Okpu family of Owerre village in Awka Division and bring this action for themselves and as representing the people of Okpu family of Owerre village. The said Okpu family is one of the eight families of Owerre village, the other seven being Iyiafor, Lete, Okpoghota, Ogwuada, Isiafor, Nkputu and Ihe.

2. The defendants are the people of Amaogbu, Obagu and Amakpoke families of Umuaka village in Okigwi Division and are sued for themselves and as representing the said people of Amaogbu Obagu and Amakpoke families of Umuaku village.

3. The land in dispute in this action comprises of two pieces of land namely Isiyi land an Abokuku land. The said area of land is situate at Owerre village and is shown verged pink on the plan filed in Court by the plaintiffs.

3a. The said land in dispute is surrounded on four of its roughly five sides by lands belonging to the three villages of Owerre via Iyiafor, Okpu (that is plaintiffs’ family) and Lete with the land of the defendants’ people having boundary only with it on its eastern side and which boundary is the Divisional and Provincial boundary separating Awka and Okigwi Divisions and Onitsha and Owerri Provinces respectively with defendants peoples’ land in Okigwi Division Owerri Province and plaintiffs’ people land (to wit: Owerre village lands) in Awka Division Onitsha Province.

4. The said area of land belongs to the plaintiffs from time immemorial, and as owners, the plaintiffs have farmed the land, reaped economic trees thereon and did all manner of acts of ownership over the said land from time immemorial without let or hinderance from anyone whatsoever.

5. In 1957 the defendants whose village adjoins the land in dispute crossed the boundary and entered the land in dispute claiming the same to be theirs and destroyed plaintiffs’ raffia palms growing on the land.

6. The plaintiffs promptly sued the defendants in the Orumba Native Court which has jurisdiction to hear the case, as the land in dispute is situate in Awka Division, claiming, among other things, a declaration of title to the land in dispute. Judgment was entered for plaintiffs for title and damages for trespass.

7. The said decision was on appeal confirmed by the District Officer and by the Resident. The said suit was Orumba Native Court Suit No., 136/57 and findings of fact in that suit will be founded upon.