Nweke Nwokedi V. Ekwenugu Okugo (2002)

LAWGLOBAL HUB Lead Judgment Report

I. KATSINA-ALU, J.S.C.

The plaintiffs in this action are the people of Offianta Village, Nsugbe Town, Oyi Local Government Area while the defendants are the people of Akwete Quarter, Nneyi Village, Umuleri Town, Anambra Local Government Area. The plaintiffs instituted this action against the defendants for the following reliefs:

(a) The sum of N20,000.00 being general damages for the defendants’ trespass to the plaintiffs’ land known as and called Achutu in the possession of the plaintiffs.

(b) Permanent injunction to restrain the defendants, their servants or agents from further trespass to the said land.

After pleadings had been ordered, filed and exchanged the defendants brought a motion to dismiss the plaintiffs’ case on the grounds of res judicata and/or abuse of process of the court. The motion was heard by Amaizu, 1. In a reserved ruling delivered on 31st March, 1993 the learned trial Judge held first, that the Native Court judgment in the 1907 case no. 66/1907 which declared title in the plaintiffs, was valid and subsisting. Secondly, that the plea of res judicata was not available to the defendants.

The defendants appealed against the ruling to the Court of Appeal, Enugu Division. The Court of Appeal allowed the appeal, in effect upheld the plea of res judicata.

The plaintiffs have now appealed against the decision of the Court of Appeal to this court.

In their brief of argument the plaintiffs raised one issue for determination in the appeal. It reads:-

“Whether their Lordships of the Court of Appeal ought to have dismissed the respondents appeal wholly and affirmed the decision of the Otuocha High Court or not.”

The first point to note is that the defendants based their plea of res judicata on the judgment of Kaine, J. in suit No. 0/73/57 – see paragraph 6 of the statement of defence.

The plaintiffs and the defendants have had a series of court actions in respect of Achutu land. The first case was in 1907 in suit no. 66/1907: Obi Chukura, representing the plaintiffs’ family against Ifugha of Umuleri representing the defendants people. Judgment in that case was given in favour of the plaintiffs family. See paragraph 37 of the statement of claim which reads:

“37. The first case was in 1907. Obi Chukura, representing the plaintiffs’ family sued Ifugha of Umuleri, representing the defendants’ people, in respect of Achutu land and Otuonya – the former waterside market. Judgment was given in favour of the plaintiffs’ people as being owners of Achutu, including Otuonya. This case no. 66 of 1907, of the Native Council court of Onitsha will be relied upon as res judicata.

In contrast paragraph 6 of the statement of defence states as follows:-

“6. The answer to paragraphs 36, 37, 38, 39 and 40 of the statement of claim the defendants assert as follows:-