Chief Jacob Ibanga & Ors V. Chief Edet Usanga & Ors (1982)

LawGlobal-Hub Lead Judgment Report

G. IRIKEFE, J.S.C 

This case can rightly be described as having had a chequered history. The writ commencing the action was issued in the Calabar Judicial Division of the then High Court Of Eastern Nigeria on 21st April, 1964. Pleadings were exchanged between the parties and the action was tried by Ikpeazu, J., in 1967 at a session of the Ikot Ekpene High Court sitting at Uyo, when that part of Nigeria then designated as Biafra, was in rebellion against the Federal Government of Nigeria.

The said trial, at the end of the rebellion, was declared a nullity and the present appeal is the outcome of a new trial held before Ete, J., (as he then was), in 1975, some five years after the end of the Biafran insurrection aforesaid.

The writ commencing the action reads:- “The plaintiffs’ claims against the defendants are as follows:-

1. 600 (Six Hundred Pounds Sterling) damages for trespass in that the defendants have since January, 1964 unlawfully entered upon that piece or parcel of the plaintiffs’ land known as Ebere Otu Nsai Land (Alias Ebeto Nsai Land) which is a portion of Afaha Nsai Land situate in the Itu District of Uyo Province and bounded as follows:On the West by the Land of Afaha Nsai People.

On the North & East by Iyere River.

On the South by Mbo River…………….

and committed the following acts of trespass thereon, to wit:

(a) clear portions of it for farming and farm

(b) collect palm fruits

(c) tap palm-wine

(d) maliciously damage the Plaintiffs’ Cassava Farms all in flout of Plaintiffs’ Title (already determined by court action) to the ownership thereof, and therefore to the exclusive possession, occupation, enjoyment and/or use of the same and inspite of strong resistance by the Plaintiffs to these several acts by the Defendants enumerated above.

2. An injunction to restrain the defendants, their agents, servants and/or tenants from further interference with the Plaintiffs in their exclusive possession, occupation, and/or use of the said EBERE-OTU LAND afore-mentioned.”

Pleadings were ordered and exchanged between the parties.

The case of the plaintiffs now appellants rested on the following averments:-

(1)(a) The plaintiffs on record are the principal chiefs of and/or Elders in Afaha Nsai Village and suing for themselves as such and/or as the accredited representatives of the people of Afaha Nsai Village who are the real plaintiffs in this suit.