Uzowuru Anukanti V. Uwandu Ekwonyeaso (1978)

LawGlobal-Hub Lead Judgment Report

IDIGBE, J.S.C 

In the High Court of the former East Central State holden at Owerri (now Imo State) the appellant herein, as plaintiff, sought reliefs, viz, (a) a declaration of title to a parcel of land called “Ala Ubene”, (b) an order that the defendant should accept a redemption fee of ‘2pounds’ in respect of Ala Ubene and, (c) an order of injunction restraining the defendant, his servants and agents from entering the said land.

The real basis for the appellant’s claim to Ala Ubene in respect of which, according to him, his ancestors have from time immemorial not only been in possession, but also exercised various acts of ownership, is that the father of the defendant, the respondent herein, came on the land, Ala Ubene pursuant to a transaction in consequence of which a portion of the said land was given to him by the appellant’s father as a pledge (i.e. a security) for a loan of -2pounds.

The allegation of a pledge by appellant’s father is denied by the respondent who claims to be on Ala Ubene as a result of a transaction in which one Ajuwana – a member of the Oparanuma family (Owners of the land called Ala Ubene by the appellant but “Ala Mgbaraja” by the respondent) – pledged (i.e. gave as security for a loan) the land in dispute, a portion of Ala Ubene or Ala Mgbaraja, for the sum of – 5pounds and thirty stacks of yams’ jointly to the respondent’s father and his brother (Ukegbu).

From the pleadings and plans filed, and exchanged on both sides, in the trial court it seems clear that parties are agreed that the parcel of land continguous to and adjoining the northern boundary of the area of land in dispute is in possession of the appellant. It is, however, the appellant’s case that he is in possession of that area of land by right of ownership thereof, but the respondent maintains that the appellant came on the land as a result of a pledge of the same by Ajuwana as security for a loan to one Duruezikudu. It is also the case for the respondent that the southern portion of the entire area of land claimed by the appellant belongs not to Ajuwana or the Oparanuma family but to another family (Ehigbomgbo Ekilionyeonwu) who had given the same out on a pledge (i.e as security for another loan) to one Ogwoza Okparake.

We think, however, at this stage that a close reference to the plans filed by the appellant and the respondent, Exhibits A and B respectively, is necessary. The area admittedly in possession of the appellant is shown verged Violet in Exhibit A but Blue in Exhibit B; the appellant claims possession of this area by right of ownership but the respondent claims that the appellant came on that portion which belongs to Ajuwana (not a party in these proceedings) as a result of a pledge by the said Ajuwana to yet another person, Duruezikudu (again, not a party in these proceedings). The land in dispute according to the appellant, part of Ala-Ubene, but which the respondent designates as part of Ala Mgbaraja – is shown verged Pink in Exhibit A. The respondent, however, shows the same as consisting of two portions – (1) a larger area verged Yellow, which he claims to be in his possession by virtue of the pledge from Ajuwana aforesaid to his father and Ukegbu (a brother of the respondent’s father) jointly, but which the appellant claims to have been given on a pledge by his father to the respondent’s father and (2) a smaller area verged Green which, according to the respondent, was given on a pledge by one Ehigbomgbo Ekilionyeanwu (not a party in these proceedings).

It is, we think, also necessary to set out a few relevant portions of the pleadings on both sides. parts of the Statement of Claim read:-

(6) From time immemorial the plaintiff and his ancestors owners and in possession of the said land have been exercising maximum acts of ownership on the said land by farming on it ….. granting farming rights to people (and) pledging some part of it to people.

(7) The plaintiff’s father divided ‘Ala Ubene into two. He with the plaintiff present pledged one portion of the land now in dispute to the defendant’s father ……. The defendant’s father paid the pledged fee “Nnuego Abua” at Ogbaku to plaintiff’s father. This amount now has been calculated to be the equivalent of 2pounds.

(8) Late in 1971 the plaintiff tendered the redemption money to the defendant to redeem the land but the defendant refused.

(9) The plaintiff took Nze title men …… to Ogbaku to redeem the land. On getting there the Ogbaku Nze title holders and councillors were invited where the redemption fee was tendered but the defendant still refused, and said that he would report to the Nzes and councillors what he thought about the matter.

(10) After 4 days the councillors and Nzes………. (sic) brought words to the plaintiff from the defendant saying that the land was actually on pledge but not from plaintiff’s father.

(11) Wherefore the plaintiff claims …….. (Underlining supplied by the court).

Parts of the Statement of Defence, unduly prolix in portions and offending the rules of pleadings in several sections, read:-