Aniemeka Emegokwue Vs James Okadigbo (1973)

LawGlobal-Hub Lead Judgment Report

FATAYI-WILLIAMS, J.S.C. 

In this case, the plaintiff, now respondent, claimed against the defendant, now appellant, in the Onitsha High Court recovery of possession of a piece of land in Ogbeabu in “Onitsha Inland Town.” He also claimed the sum of 100 pounds as damages for trespass and asked for an injunction to restrain the defendant, his servants or agents from continuing to build a concrete building which he had started on the said land.

In his statement of claim the plaintiff averred that both parties, who are members of the Umudei family of Ogbeabu, are also descendants of a common ancestor named Dei. With respect to the land in dispute he averred in paragraph 3 of his statement of claim as follows:

“3. The plaintiff was given a piece or parcel of land in Ogbeabu, Onitsha Inland Town by the said Umudei family of Ogbeabu and has been in possession of the said piece or parcel of land for many years. The said piece or parcel of land is more particularly delineated on a plan No. PO. 47-63 and verged pink. This plan is filed with this statement of claim.”

In reply to paragraph 3 above, the defendant averred in paragraph 2 of his statement of defence as follows:

“2. In answer to paragraph 3 of the statement of claim, the defendant denies that his parcel of land was ever given to the plaintiff and that he has ever been in possession of it.”

In his evidence in support of his claim, the plaintiff, however, testified as follows:

“I am a member of the Umudei family of Ogbeabu. I know the defendant. We belong to the same family. I know the land in dispute. The land belongs to me. The elders of the village gave me the land in 1949 to build my house on it. I gave the elders two bottles of gin and two pots of palm wine before they allotted the land to me after taking the drinks. The land is originally owned by the whole of Ogbeabu Village. There are three families in Ogbeabu, namely Daike family, Osodi family and Ozomaocha family. The land was measured out for me. It is 100 feet by 50 feet.”

To questions asked about the land under cross-examination, the plaintiff replied;

“The land in dispute originally belongs to the whole of Ogbeabu. It was not only the Umudei family alone that gave me the land but the whole of Ogbeabu.”

Isaac Chinwuba Nwosisi (3rd P.W.) who gave evidence in support of the plaintiff’s claim testified as follows:

“I know the parties and the land in dispute. It belongs to the plaintiff. He got it from our family Ogbeabu. I was present when the land was given to him in 1949.”

When cross-examined about the grant, he confirmed his earlier testimony as follows:

“It was the whole of Ogbeabu that gave the land to the plaintiff. In Ogbeabu we have Daike, Ozomaocha, Umuchimokwu and Osodi. Ogbeabu are not Umudei. Ogbeabu and Umudei are called Okebunabu.”