Cyprian Ezewudo V. James Ezenwaka & Ors (2016)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

MASSOUD ABDULRAHMAN OREDOLA, J.C.A. (Delivering the Leading Judgment)

This is an appeal against the judgment of Anambra State High Court sitting at Ekwulobia (hereinafter referred to as lower Court) delivered by Hon. Justice Nwabueze Agbata, J. on the 31stday of March, 2011.

Brief Facts of the Case

The plaintiff/appellant on behalf of his family claims against the defendants/respondents? family for an order of Court declaring that his kindred/family (Sienono kindred) is senior to the respondent?s family (Umuezeilo kindred) in Isiakpu village of Osikwu Agwu Town, and therefore, are entitled to rights of priority in the village over the respondents family.

They also claim for ?5,000.000.00 being damages for the breach of their aforesaid inalienable rights; and order of perpetual injunction restraining the defendants, their agents, privies and or servants from further breach of the appellant?s family rights.

In response, the respondents filed their statement of defence and counter-claim, claiming for an order of Court declaring that their kindred/family (Umuezeilo kindred) is senior to the

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appellant?s kindred/family (Sienono kindred). They also counter-claim further for the sum of ?10,000.000.00 being general damages for breach of their rights; and for an order of perpetual injunction restraining the appellants, their agents, privies and or servants, from further breach of their rights.

Pleadings were duly exchanged by the parties. During the trial, the appellant called five (5) witnesses and tendered four (4) exhibits in proof or establishment of their case. The respondents on the other hand, called three (3) witnesses and tendered three (3) exhibits both in the defence to the appellant?s case and in proof of their counter claim. At the end of the trial, the learned counsel to both parties addressed the lower Court; and after deliberating on the evidence before it together with the legal arguments in support thereof, the learned trial judge dismissed the case of the appellant, and entered judgment in favour of the respondents.

Dissatisfied with the said decision of the lower Court, the appellant appealed against the same vide a notice of appeal filed on the 22nd day of September, 2011. He complained against the said judgment

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on eight grounds. The grounds of appeal without their particulars are as follows:

“1. GROUND 1: ERROR IN LAW

The learned trial judge erred in law when he wrongfully excluded the traditional evidence of the plaintiff/appellants pedigree family lineage and genealogy as hearsay which is only admissible in relation to Section 45 of the Evidence Act but went ahead to rely on recent Acts in arriving at his judgment where no title to land is involved and thereby denied the appellants fair hearing which occasioned a miscarriage of justice.