Benneit Karibo & Ors V. Amos Grend & Anor (1992)

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OMO, J.S.C. 

This appeal which was dismissed after hearing counsel on 20/1/92, was then adjourned to 3/4/92 for reasons for the decision of this Court to be given.

The plaintiffs/appellants claimed against the defendants/respondents, in the High Court of Rivers State (Port Harcourt Judicial Division) for:-

(a) Declaration of title to all that certain piece or parcel of land situate at Okoro-Ngbebo family land Ederemebiri more particularly shown in EXHIBIT “A”.

(b) Forfeiture of the Customary tenancy granted to Defendants/Respondents on account of their failure to observe the Customary right;

(c) Perpetual Injunction.

Pleadings and plans, which are substantially identical in material particulars, were duly filed by the parties. After hearing evidence of the parties and counsel on their behalf, the learned trial Judge in his reserved judgment found for the plaintiffs in respect of all their claims.

The defendants, dissatisfied with that judgment, appealed to the Court of Appeal against same on several grounds of appeal, four of which only were canvassed in their brief of argument. The plaintiffs also filed their own brief; after which the defendants filed a reply brief. In its judgment, the Court of Appeal considered only two of the grounds filed and allowed the appeal on the second ground. It proceeded to set aside the judgment of the trial judge (Pepple, J. as he then was). It also ordered a refund of the costs ordered by the High Court, and granted the successful defendants N450.00 cost.

The plaintiffs also dissatisfied by the decision of the Court of Appeal have appealed to this Court. Briefs have been duly filed by the parties, whose counsel has also made some oral submissions.

Before proceeding to consider the briefs filed in this Court, the issues for determination, and the reason for the rather peremptory ending of this appeal, a brief background of the facts is necessary.’

Both the plaintiffs and the defendants belong to OKURUTORU House of Ederemebiri (village) in Okrika Town. Whilst the plaintiffs belong to the Okoro-Ngbebo family (hereinafter called the Okoro family simpliciter), the defendants come from the Grend family. The plaintiffs sue and the defendants defend as representatives of their respective families.

The land in dispute is claimed by the plaintiffs as their family land. A few years after his installation as Chief of Okurutoru House (in or about 1923), Chief Daa Grend applied to and got permission of the Okoro family to build a temporary house on the land in dispute, on payment of a traditional rent of one penny (now equated to one kobo) per annum to the Okoro family, in acknowledgment of their right of ownership. Until his death Chief Daa Grend complied with this term of his tenancy. In further exercise of their right of ownership the Okoro family, before its occupation.

(a) got a native doctor- Anyanwu – to perform a ceremony to appease the gods because a leper had been buried on the land

(b) got a native ceremony called “Okoloba Pike” performed by Jonathan Oruene, then head of Okoro family.