Raphael Agu Vs Christian Ozurumba Ikewebe (1991)

LawGlobal-Hub Lead Judgment Report

G. KARIBI-WHYTE, J.S.C.

The main contention in this appeal as can be gathered from the grounds of appeal filed and the issues for determination formulated by the parties concerns the question of the pleading in paragraph 8 of the statement of claim relating to arbitration at customary law, and whether the decision by the arbitration panel can operate as an estoppel in relation to the land in dispute between the parties. In other words the core of issues to be determined are concerned only with the nature of the pleading claiming the verdict of customary arbitration, and whether such verdict constituted an estoppel.

Like most disputes relating to land held under customary law, the questions of traditional history, evidence of acts of possession, ancient and recent were canvassed in support of the claims of ownership and declaration of title, trepass in the court of trial. Specific findings were made in that court. Similarly the issue of the arbitration of April, 1970 in accordance with the customary law was relied upon by the Plaintiff. At the conclusion of the hearing and addresses of learned counsel, the learned trial Judge on 5th June, 1974 rejected all the grounds relied upon by the plaintiff arid dismissed all the claims in their entirety.

Plaintiff gave notice of appeal and filed same on the 30th August, 1974. Unfortunately before the appeal was set down for hearing both the original plaintiff and defendant died. On the application of the present respondent, the oldest surviving son of the plaintiff made to the High Court of East Central State dated 14th March, 1975, the order for substitution was made.

On the 7th May, 1984, the present Appellant applied to the Court of Appeal and was granted an order to be substituted for the original Defendant who died on the 1st August, 1980.

After the filing and exchange of briefs, the appeal was set down for hearing on the 31st day of January, 1985. Appellant subsequent to this date, applied and was granted leave to amend his grounds of appeal. Further application was made to amend the brief of argument on the 15th January, 1986. The appeal was finally set down for hearing on the 18th March, 1986. The appeal was heard on that day and judgment was delivered on the 16th June, 1986.

The court below set aside the judgment of the trial Judge, holding that “There was an arbitration and that the result was/is binding on the parties and consequently the respondent is estopped from denying the appellant’s title.”

Appellant’s complaint here is against this judgment and particularly this aforementioned declaration.

It is pertinent and relevant to point out that Appellant had filed a notice of appeal on the 18th September, 1986, and complained of four grounds of appeal. The notice and grounds were struck out on the 11th December, 1989. On the 9th January, 1990, another notice of appeal was filed pursuant to leave granted by this Court on the 11th December, 1989, and is the only notice of appeal in this appeal, and the grounds of appeal are the ony complaints against the judgment of the Court below. At the risk of obvious repetition, it is clear on even a cursory reading of the grounds of appeal relied upon that the only issues involved are with respect to the question of arbitration pleaded, and whether the arbitration if established constituted issue estoppel. The second ground of appeal seems to me merely an elaboration on the first ground. I consider it necessary in the circumstance to reproduce the three grounds of appeal and to point out their relevance to the issues for determination formulated.

The grounds of appeal are as follows:

“GROUND OF APPEAL

(i) The learned Justices of the Court of Appeal erred in law and fact by reversing the Judgment of the learned trial Judge solely on the issue of arbitration pleaded, as an issue estoppel.

Particulars of Error

(a) The plaintiffs pleading on the arbitration as formulated in paragraph 8 of the Statements of Claim is vague and did not refer to any particular or definite arbitration.