Obi V. Uzoewulu (2021)

LAWGLOBAL HUB Lead Judgment Report

ABDU ABOKI, J.S.C. 

This appeal against the decision of the Court of appeal Enugu Division (herein referred to as the Court below), delivered on the 22nd of May 2008, dismissing the Appellant’s appeal.

The Appellant herein was the Plaintiff at the High Court of Anambra State (hereafter called the Trial Court). By a Writ of Summons and an Amended Statement of Claim dated the 27th of October, 1997, the Appellant claimed the following reliefs:

1. A DECLARATION that the defendant and his members of Dim-Onyenagolum family are not entitled and cannot occupy the Obiship of Umui-Ikeogu/Ezekwuabo/Nsunano.
2. A DECLARATION that the plaintiff is by the Nnewi native law and custom of patrilineal inheritance, the person solely entitled to occupy the stool of Isi-Oblsblp of Nsunano/Ezekwuabo village in Otolo quarter in Nnewi town.
3. A DECLARATION that the Plaintiff is the recognized and incumbent Isi-Obi of Nsunano/Ezekwuabo village in Otolo quarters of Nnewi town and that the attempt by the defendant to constitute himself a rival/parallel Isi-Obi of Ezekwuabo village and/or so parade himself, is contrary to Nnewi

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custom and is therefore illegal and unlawful.

4. AN INJUNCTION restraining the defendant, his servants, agents, privies, associates or workmen from breaching the custom of the Nnewi town by constituting himself a parallel Isi-Obi of Umu-Ikeogu/Nsunano/Ezekwuabo village or in any manner whatsoever parade himself or lay claim to the stool of Isi-Obi Umu-Ikeogu/Nsunano Ezekwabo village or do any act or perform any function directly or indirectly bearing or touching on the Isi-Obiship of Umu-Ikeogu/Nsunano Ezekwabo village.

See pages 45-46 of the record.

At pages 75-88 of the Record, the Respondent filed a 19-paragraph amended statement of defense and a counter claim, and he sought for the following reliefs:

1. A DECLARATION that the traditional office of Isi-Obi Ezekwuabo family of the plaintiff and the defendant resides in the defendants Dim-Onyenagolum lineage of Umu-Ikeogu under the custom of Nnewi town community.
2. A DECLARATION that in accordance with the aforesaid custom, the Isi-Obi of Ezekwuabo was usurped by the plaintiff’s Dim Ughanwa lineage of Umu-Ikeogu and shall terminate/abate immediately on the present tenure of the plaintiff.

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AN INJUNCTION restraining all and/or any member of the plaintiff’s Dim Ughanwa line immediately on the cessation of the plaintiff’s present tenure from holding, interfering or continuing to usurp the office of Isi-Obi of Ezekwuabo except in accordance with the tradition of the Nnewi town community practices for the transmission of the office or failure of succession in the Dim Onyenagolum lineage.The story of the Appellant, is that Ezeakwuabo established an Obiship known as Isi-Obi. That under Nnewi Customary Law, inheritance to the stool of Is-Obi is patrilineal. When Ezekwuabo died, his stool was inherited by his first son called Ezeomu. The stool remained and continued in Ezeomu lineage following the same custom of patrilineal inheritance until it came to a descendant of Ezemuo, called Dibia-Agu. According to the Appellant, while Dibia-Agu was the Isi-Obi, of Ezekwuabo village, the said village was faced with series of wars (the war of nine fronts, popularly called Mbu Agha Teghete), with its neighbors. The then Isi-Obi could not control the situation so he handed over the mantle of Obiship to one of the descendants of Ezekwuabo

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called Ezekpo who was a great warrior and strategist, to lead the people in the war. Since then, the title of Isi-Obi Ezekwuabo remained in the lineage of Ezekpo up to the present day and time, with the Appellant as the present/incumbent Obi. He stated that the Respondent who is claiming the title is not even a descendant of the Ezekwuabo family, because his ancestor, Dim Onyenagolum was brought into the Ezekwuabo family from Dim Mnaniogu family and was assimilated into the Ezekwuabo family.

The story of the Respondent however is that the he descended from the same great ancestor Ezekwuabo, just like the Appellant. According to him, the ancestor begat Ikeogu and other sons. Ikeogu in turn begat Dim Onyenagolum, the ancestor of the Respondent, and Dim Ughanwa, Appellant’s ancestor. The first son of Ezekwuabo was Ezemuo, who died during his father’s lifetime. Ikeogu thus became the okpala and successor to the office of Isi-Obi Ezekwuabo when Ezekwuabo died. He said that when Dim Onyenagolum died, his son, Dim Aguluebo, was a minor and Ezekpo then stepped in and acted as a Regent, and that thence on, the Ezekpo line of the Appellant usurped the family Isi-Obi.

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The Appellant called in two witnesses PW1 and PW2. PW1’s evidence is from the record from pages 90 to 127 of the Record, while PW2 is the appellant himself and his testimony can be seen from pages 128 to 149. In defense and in proof of the counter claim, the Respondent called in three witnesses. See pages 128 to 200 of the Record. Parties filed their respective addresses, and in its judgment, the learned trial Judge at Pages 288 to 321 of the Record, dismissed the Appellant’s claim and entered judgment for the Respondent in respect of his counter claim.