Umeadi & Ors V. Chibunze & Anor (2020)

LAWGLOBAL HUB Lead Judgment Report

CHIMA CENTUS NWEZE, J.S.C.

At the High Court of Anambra State, [Trial Court, for short], the respondents in this appeal, as plaintiffs, took out a Writ of Summons against the appellant herein, [as defendants]. They sought the following declaratory and injunctive reliefs:

(a) A declaration that the land in dispute is the exclusive property of the plaintiffs and are entitled to the customary right of occupancy in and over the said land called “Ishiekpe;”

(b) A mandatory injunctive order on the defendants to rebuild the damaged house of the first plaintiff which they destroyed;

(c) N10,000 (Ten Thousand Naira only) (sic) damages for trespass;

(d) A perpetual injunction to restrain the defendants by themselves, agents, privies, servants, workmen or whomsoever from further acts of waste and trespass on the land.

Upon the settlement and exchange of pleadings, trial commenced on October 19, 2005. Five witnesses testified on behalf of the plaintiffs. On the other hand, the defendants called four witnesses. The trial Court, in its judgment, found for the respondents, [plaintiffs, as they then were]. The defendants at the Trial Court, [appellants at the Lower Court], approached the Court of Appeal, Enugu Division, [Lower Court, for short], which Court, upon dismissing the defendants/appellants’ appeal, affirmed the Trial Court’s judgement.

They [the defendants/appellants], further, appealed to this Court entreating it to determine their two issues: issues which the respondents adopted in their brief. Before returning to these issues, a factual background of the case may not be out of place.

FACTUAL BACKGROUND

As per their Amended Statement of Claim, the respondents made the case that they are members of the Chibunze family in Egbeagu village, Amansea in Awka Local Government area of Anambra State of Nigeria. They and the appellants are of the Umuofuonye kindred in Egbeagu village, Amansea. They claimed to be the customary occupiers of the land in Amansea.

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They made the case that the land in dispute was part of the family land of Umuofuonye kindred when in about 1940, one Emmanuel Uba, a member of Umuogbocha kindred in Egbeagu village, Amansea, trespassed into the Isi-ekpe land of Umuofuonye kindred.

Chibunze, the respondents’ father challenged Emmanuel Uba’s trespassory acts.

The Egbeagu village intervened in the dispute and invited both Umuogbocha and Umuofuony kindreds for arbitration. The Egbeagu village decided that Umuogbocha kindred should bring a juju and place it on the land in dispute for the Umuofuonye kindred to swear by removing same.