Nwopara Ogbogu & Ors Vs Nwonuma Ndiribe & Ors (1992)

LawGlobal-Hub Lead Judgment Report

E. OGUNDARE, J.S.C

By a writ of summons taken out in the High Court of the now defunct East Central State of Nigeria on 16th August, 1975, the plaintiffs (who are hereinafter referred to as the appellants) sued the defendants (now respondents) claiming :-

“(a) Declaration of title to the piece and parcel of land known as and called ‘OHIA ACHARA’ situate at Ezemelaha Village, in Eziama within the Orlu Judicial Division with annual value of N10.00

(b) N400.00 (Four hundred Naira) being damages for trespass.

(c) An Injunction permanently to restrain the defendants, their servants, agents, and or workmen from further interference upon the said land.”

Pleadings were ordered and duly filed and exchanged. On the creation of Imo State of Nigeria, the suit was transferred to the High Court of that State. With leave of the trial Court both parties amended their respective pleadings. The appellants also with leave of Court further amended their pleadings. The case was eventually tried on the further amended Statement of Claim and the amended Statement of Defence.

In paragraphs 6,7,8,9, & 10 of the further amended Statement of Claim, the appellants pleaded as follows:-

“(6) The plaintiffs are the owners of the land in dispute from time immemorial. Plaintiffs have also been in possession of the land in dispute save the portions granted, for residential purposes, to members of defendants’ village on customary grants and the portions sold to Joseph Oguike and Godwin Iwuchukwu.

(7) Plaintiffs inherited the land in dispute from their ancestors who are traceable and traced thus:-

(a) Ezeanorue who was the common ancestor of both the plaintiffs and the defendants was the first known owner of the land in dispute. The said Ezeanorue had six sons namely: Ezerioha; Ezealagaji; Ezeaaochie; Ezemenaha; Ezekwemba and Ezealanwokeotuwe, Ezerioha predeceased his father and thus lost the rights of a first son. The said Ezerioha and Ezealanwokeotuwe were uterine brothers. At the death of Ezeanorue all his lands were shared into five places. Each of the sons got one share except Ezealanwekeotuwe who got one share for himself and the sons of his uterine brother Ezerioha.

The sharing was per stripes according to custom. Ezealageji as the surviving first son got the okpule as his share. Ezealanwokeotuwe, for himself and the sons of Ezerioha, got as his share the land from the defendants’ boundary with the land in dispute to the valley of Njaba. Ezemenaha got the land in dispute as his share. Ezeanochie and Ezekwemba had their own respective shares.

(b) Descendants of Ezealagi and Ezeanochie later merged and became known as Ndiuhunagbo Village.

(c) Descendants of Ezealanwekeatuwe and Ezerioha and people of Umuduruola, who, according to oral traditional history, migrated from Nkume, now constitute the Ndimbara Village of the defendants. They enjoy the land which Ezealanwokeotuwe got for himself and the sons of Ezerioha when EZEANORUE’ s lands were shared among his sons.

(d) EZEMENAHA who got the land in dispute begat Agu; Ezeagu, Oparaocha; Igbojianu, Okoroji and Nwaba.