Marcus Nwoke & Ors V. Ahiwe Okere & Ors (1994)

LawGlobal-Hub Lead Judgment Report

KUTIGI, J.S.C. 

The plaintiffs’ claims against the defendants as contained in para. 25 of the Amended Statement of Claim (which supersedes the writ), are as follows-

“1. Declaration of title to all that piece or parcel of land in dispute known as and called “Okpuhu-Ukwu”.

2. N400.00 being general damages for trespass into the said Okpuhu-Ukwu land.
3. Perpetual injunction restraining the defendants their agents or servants from further trespass thereto.”

After the filing and exchange of pleadings by the parties the case proceeded to trial. At the trial the 3rd plaintiff and four other witnesses testified for the plaintiffs while the 5th defendant along with three other witnesses testified in support of defendants’ case.

Briefly stated the plaintiffs’ case is that the land in dispute known as Okpuhu-Ukwu and delineated in their survey plan, Exhibit A, was founded by their first ancestor called Odudu. Odudu had two children named Emereonye and Nkitaogu respectively who begot their own children. The plaintiffs said they are claiming through Emereonye family. All the male issues of Nkitaogu had died and consequently all his property was inherited by the Emereonye family. The land in dispute was also pledged at one time to one Elele. The pledge was redeemed for an equivalent sum of N80.00 by plaintiffs’ family in 1974.

In 1975 the plaintiffs exchanged the land for another land called Oboro following an arrangement between them and Umukube family of Umuokwa village in Amala. When members of the latter family went on the land they were challenged by the defendants. The plaintiffs intervened saying that they gave the land to the Umukube family. The dispute between the plaintiffs and the defendants was then referred to the Parents Teachers Association (P.T.A. for short), a body consisting of the elders of the community. The body went into the dispute and the plaintiffs had to swear to” Ala Obidi juju” supplied by the defendants that the land was theirs.

The plaintiffs survived the oath for one year and the land became theirs according to the Igbo custom. A document evidencing the arbitration by the P.T.A was tendered and admitted in evidence as Exhibit C. It was in 1976 when the defendant broke into the land in dispute and started farming thereon that the plaintiffs instituted this action.

The defendants on the other hand said the land in dispute is called OkpuUku-Amankwu. Their survey plan, Exhibit B. shows the land in dispute in two parts -one portion larger than the other. The larger portion they said belong to them while the smaller portion was conceded to the plaintiffs. They claim the larger portion through their ancestors Ezeme, who deforested it. They also claim to have pledged and redeemed the land in dispute in 1971 and tendered ‘Exhibit D’ as evidence thereof. They also confirmed the intervention by the Amala Parent Teachers Association in a dispute between them and the plaintiffs in 1975. However, they said when the “Ala Obidi juju” oath was offered to the plaintiffs they refused to swear and according to custom the land was confirmed as theirs (defendants).

After hearing, the learned trial Judge in a reserved judgment dismissed plaintiffs’ claims. Dissatisfied with the judgment they appealed to the Court of Appeal, Port Harcourt Division. Four issues were set down for determination as follows-

“Issue One

Did the appellants prove the identity and precise boundaries of the land in dispute in this case

Issue Two

Which land was pledged and redeemed Who pledged and redeemed the said land

Issue 3