Anyaegbusi Ozuruoke & Ors V. John Okolie & Ors (1999)

LawGlobal-Hub Lead Judgment Report

IKONGBEH, J.C.A.

This is an appeal from the decision of the Imo State High Court (Njiribeako, J.), sitting at Oguta. The respondents took out a writ of summons against the appellants claiming a declaration of title to a piece of land, damages for trespass and a perpetual injunction. They repealed the prayers at the end of their unnecessarily lengthy statement of claim. Their case was based on traditional history. The appellants stoutly denied the claim. They too relied on traditional history. The respondents called 10 witnesses while the appellants called 7.

After taking addresses from counsel for the parties, the learned Judge delivered a reserved judgment in which he gave meticulous attention to the cases put forward by the parties, both in their pleadings and evidence. He identified the following 7 issues as arising from the pleadings for resolution by him.

“Issue No.1 – How was Ibiasoegbe founded? – was the virgin forest which later became Ibiasoegbe disforested by a group of persons or by one man who then handed the land to his only son called Ibiasoegbe?.

Issue No. 2 -Was there any consanguine relationship amongst Umuori, Eziama, Ndeba, Amucha and Ubaha the live villages of Ibiasoegbe?.

The plaintiffs say that there is none, defendants say that there is.

3. Are the lands in dispute the land of Ibule or Ubahaezu’s plaintiffs say that it is Ibule and not Ubahaezu.
4. What are the correct boundaries of the land East and West-plaintiffs say that East is Ubahampan and Umuori and West their land which they disputed with Umuadi and won. Defendants did not agree and showed Umuiheme on the West?.
5. Who have been exercising acts of ownership over the land in dispute?. In the context of this case the most convincing acts of ownership is the granting of land to persons for dwelling under Izi ala obi custom?. Is Dara-Urasi a family in Amandaba Ibiasoegbe and did it make any grants of portions in the land in dispute to persons as they alleged under izi ala obi custom?.
6. Did any persons perform the ego ala ceremonies to the plaintiffs’ family for grants made in the land in dispute.
7. Was trespass proved?.”

He considered each of these issues in the light of the evidence proffered by the opposing parties and resolved each and everyone of them against the appellants. At the end of the exercise, he granted all three prayers sought by the respondents, concluding his judgment in the following words:

“I am satisfied from the finding I have made above that the traditional history pleaded by the plaintiffs and amply supported by evidence of plaintiff’s witnesses is the true or more probable traditional history of Ibiasoegbe. The founding fathers had no blood relationship whatsoever. It was a heterogeneous group made up of persons from different places who joined hands to disforest and own what is today Ibiasoegbe. The five villages of Ibiasoegbe took their names from the very first five persons who joined Okparanke who may loosely be described as the father of Ibiasoegbe, and there is inter-marriage amongst the groups. Down the line there was not in the least any blood relationship amongst those who joined Ndaba viz Ubahaezu, Ibule, Ume-abiam, Akama and Chiedom. They came from different places. There is also intermarriage. Indeed PW1’s mother is from Ubahaezu. So also all the sections of Ubahaezu have no blood relationship. I find this as a fact.

By reasons of my findings above, the plaintiffs have discharged the burden of proof which lies on them on each of the issues I identified above on a balance of probabilities based on preponderance of evidence and are entitled to succeed and I enter judgment for them. I declare in favour of the plaintiffs’ customary right of occupancy to all that piece or parcel of land in dispute called ‘akaba uzoaji’ which lies at Amadaba Ibiasoegbe Oru L.G.A. within jurisdiction and clearly shown in plaintiff’s Plan No. VEN/D 166/86 Exh. A in these proceedings and verged red therein.

I award in favour of the plaintiffs against the defendants jointly, severally the sum of N2,000.00 (Two Thousand Naira) being general damages for trespass and, I make an order of injunction perpetually prohibiting the defendants and all members of their families in Ubahaezu, their servants and/or agents from committing any further acts of trespass in the land. There will be costs.

Odidika. We ask for costs of N10,000.00

Mgbeanulu. We offer N500.00

Court. Cost to the plaintiffs are fixed at N7,000.00

The appellants were dissatisfied with the outcome and so filed a Notice of Appeal containing 4 grounds of appeal. With leave of court they filed 4 additional grounds numbered 5-8.