Nnanyelugo Orakosim V Menkiti (2001)

LAWGLOBAL HUB Lead Judgment Report

OGUNDARE, J.S.C.

The appellants, as plaintiffs had on 24th February, 1978 sued the respondent, as defendant, claiming-

“(a) Declaration of title under Native Law and Custom of all that piece and parcel of land situate at Onitsha and more commonly called “EKE OBAMKPA” land

(b) N500.00 (Five hundred Naira) damages for trespass committed by the defendant on the said land on or about the month of February, 1978.

(c) perpetual injunction restraining the defendant his servants and/or agents from further trespass on the said land” .

The three plaintiffs had sued in a representative capacity for themselves and on behalf of OGBOLU FAMILY of lyiawu Village Onitsha. Pleadings were ordered and filed. Both in their original statement of claim and further amended statement of claim, they pleaded in paragraph 1 respectively as follows”

“1. The plaintiffs are the descendants and successors-in-title of one OGBOLU of Iyiawu Village of Onitsha. The plaintiffs have the authority and mandate of the members of Ogbolu Family of lyiawu Village of Onitsha to prosecute this action in a representative capacity.”

The defendant in his statement of defence joined issue with the plaintiffs.

By a rather strange twist in the action, Akunwata Ernest Obiozor Aduba and George Okey Aduba sought and obtained an order of court given on 27/6/86 by Obiesie J, to be joined as co-defendants in the action. The co-defendants filed a statement of defence which was virtually on all fours with the plaintiffs’ amended statement of claim. In it they claimed to be defending the suit in a representative capacity, that is, as representing the OGBOLU FAMILY – see paragraph 1 of their statement of defence where they pleaded thus:

“1. The co-defendants are members of Ogbolu family, lyiawu Village Onitsha and were joined by order of this Honourable Court.

They are defending this action as accredited representatives of the said Ogbolu family”

They also counter-claimed against the original defendant as per paragraph 24 thereof –

“24. Wherefore the co-defendants claim against the defendant as follows:

(a) A declaration that Ogbolu family is entitled to statutory right of occupancy of that piece and parcel of land which forms part of the family land known as Eke Obamkpa/verged pink and in the said survey plan MEC/665/86