Nathaniel Ude & Ors. V. N. Chimbo & Ors. (1998)

LAWGLOBAL HUB Lead Judgment Report

IGUH, J.S.C.

The proceedings leading to this appeal were first initiated in the High Court of Justice of the former Imo State of Nigeria, Umuahia Judicial Division, holden at Umuahia on the 9th day of April, 1986. In that court, the appellants, for themselves and as representing members of the Amawom Community, Oboro. Ikwuano claimed against the defendants, for themselves and as representing members or the lhim community, Ibere Ikwuano as follows:-

1. A declaration that the plaintiffs are entitled to the customary right of occupancy of all those pieces or parcels of land known as and called “Inyinukwu” lying, situate and being in Amawom. Obara, Ikwuano within the Umuahia Judicial Division which land are more particularly delineated and shown in the plaintiffs’ survey plan No. VEN/D82/86 therein verged pink and whose annual rental value is about N20.00.
2. N50,000.00 being special and general damages far trespass on the said land in that on or about the 10th day of January. 1982, and on diverse other dares, the defendants broke into and entered the said land in the plaintiffs’ customary occupation or possession without their leave, license or consent and destroyed a vast quantity of farm crops of the plaintiffs.
3. An order of perpetual injunction restraining the defendants, their servants, agents and/or workmen from further entry into or any other acts of interference with the said land in dispute.

Pleadings were ordered in the suit and were duly settled, filed and exchanged. By an application dated the 24th day of December. 1986, the 4th defendants applied to be joined in the suit and to defend their interest in the subject matter or the action. In the affidavit in support of their application, they claimed ownership of the land in dispute which they deposed was part and parcel of their Ihim Primary School premises. This application was accordingly argued and granted by the trial court as prayed. The 4th defendants duly filed and served their statement of defence on the plaintiffs and the 1st – 3rd defendants respectively as ordered by court.

The case accordingly proceeded to trial at the close of pleadings and the parties testified on their own behalf and called witnesses.

The plaintiffs’ case, as pleaded and testified to, is that the land in dispute comprises of three pieces or parcels of land. One parcel is situate roughly north of Amawom – Nkalunta road. The two pieces are both situate south of the said road. All three parcels of land are clearly indicated and shown verged pink on the plaintiffs’ survey plan No. VEN/D82/86 dated the 3rd June, 1986, Exhibit A. The said land is known as and called “Inyinukwu”. They were said to situate within the plaintiffs’ other land not in dispute shown verged green in their plan. Exhibit A. The said area verged green within which is situate the land in dispute was originally owned and possessed from time immemorial by various families of the plaintiffs’ community, inclusive of the Ugboaja family. The plaintiffs people or Amawom had owned and inherited it from their forefathers.

Sometime in 1952/1953, the plaintiffs claimed that the heads and principal members of the land owning families in issue donated to the said plaintiffs, at the instance of’ the Amawon community to which they all belonged, the said area of land verged green in Exhibit A for development projects. This donation was in accordance with the customary law and usages of the plaintiffs and it thereby vested the ownership and possession of the said land exclusively on the plaintiffs. The plaintiffs, since the said customary donation, retained ownership and exclusive possession of the area verged green in Exhibit A and cultivated various crops thereon without any disturbance from neither the defendants nor anyone else.

The plaintiffs stated that sometime in 1957, P.W.6, Chief Robert Okoro, the traditional head and ruler of the plaintiffs’ community, at the request of the late Chief Johnson Ikeogu, the defendants’ community leader, granted the piece or parcel of land verged blue within their parcel of land verged green on Exhibit A to the defendants for the establishment of a Local Authority School. This customary grant to the defendants was made after due consultations with the principal members of the plaintiffs’ community and was made by the plaintiffs’ traditional ruler for and on behalf of the said plaintiffs. The said Local Authority School later become Ihim Primary School. This customary grant was not in writing. It was the plaintiffs’ case that the entire school premises granted to the defendants lies south of and on the right hand side of the Amawom to Nkalunta road. They claimed that the land which situate roughly north of the said road was never granted to the defendants for any purpose whatever.

The plaintiffs remained the owners in possession of the rest of their land verged green, including the portions in dispute therein contained and verged pink until the 1st – 3rd defendants about the month of January, 1982 broke and entered the said land in dispute without their leave and/or license hence this action.

For their part, the 1st – 3rd defendants averred that the land in dispute together with the adjoining pieces of land verged green and violet in their survey plan, Exhibit B, had from time immemorial been in the ownership and possession of their ancestors through whom they inherited the same. They claimed that it was about the year 1957 that they made a grant of the land in dispute to the then Government of Eastern Nigeria for the purpose of building Ihim Primary School. They claimed that this school was built without let or hinderance from the plaintiffs or from any other person else. They denied that the plaintiffs’ forefathers gave their ancestors where they live. They also denied the alleged grant to them of the piece of land on which their community primary school was erected. They asserted that the plaintiffs did nothing whatever on the land in dispute. They admitted, however, that there were portions of farm land adjacent to the school premises, south of the Amawom/Nkalunta road, which were being cultivated by the plaintiffs but claimed that the plaintiffs farmed on those areas by force. In their plan, Exhibit B, the defendants showed their Inyiala – Ukwu land verged green. They also indicated their school. They stated that the land in dispute was part or their school land. It was their case that they were the owners of the land in dispute by inheritance from their ancestors.

At the conclusion of hearing, the learned trial Judge, Njiribeako, J. after a careful review of the entire evidence found for the plaintiffs and decreed as follows –

“In the light of my findings above, the plaintiffs are entitled to succeed. I award in favour of the plaintiffs title to right of occupancy of that portion of Iyinukwu land verged pink which lies roughly north of Amawom/Nkalunta road and shown in plaintiffs’ plan No. VEN/D82/86 received as Exhibit A in these proceedings.

The other portions verged pink in the said plan appear to me farmlands of P.W.7, Samuel Ugboaja’s family and far clarity, the declaration of title does not affect them.

I award in favour of the plaintiffs against the defendants 1- 4, jointly and severally, the sum of N 1,000.00 being general damages for trespass.

I hereby make an order for perpetual injunction restraining all the defendants, their servants and/or agents from committing any acts of trespass in the said land.”