Paul Nwohanmuo Ihekoronye V. Nwaiwu Hart & Anor (2000)

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AKPIROROH, J.C.A. 

This is an appeal against the judgment of the High Court of Abia State holden at Isiala Ngwa Judicial Division delivered by Isuama J., on the 5th day of July, 1996 in suit, No.HIN/32/93. The appellant herein took a writ of summons against the respondents herein and claimed as follows:

“Wherefore the plaintiff is damnified” and claims against the defendants jointly and severally as follows:-

(1) One thousand naira (N1,000.00) being special damages for defendants’ destruction and damage to plaintiff’s land called “Mgbara Apiti” land which is situate and lying at Umueze Ihieorji Ngwa Ukwu in the Isiala Ngwa North Local Government Area of Abia State, within jurisdiction.

(ii) Six thousand Naira N6,000.00 being general damages for defendants’ unauthorised entry and trespass to the said “Mgbara Apiti” land without the leave or licence of the plaintiff.

(iii) Three thousand (N3,000.00) being examplary damages for defendants’ trespass into the said “Mgbara Apiti” land and causing destruction thereon without the leave or licence of the plaintiff.

(iv) An order of the honourable court authorising the plaintiff to dig up and destroy the survey beacons placed on the said “Mgbara Apiti” land by the defendant.

(v) An order of the court commanding the defendants to deliver up the 3 survey plans of the said “Mgbara Apiti” land made by defendants without the leave or licence of plaintiff for cancellation.

(vi) An order of perpetual injunction restraining the defendants by themselves, their sons, servants from further trespass into the said “Mgbara Apiti”land.

The appellant commenced this action by a writ of summons at the Magistrate’s court Isiala Ngwa North Local Government Area holden at Okpuala Ngwa and was later transferred to the High Court Isiala Ngwa for hearing and determination.

The case which was tried on the pleadings and supported by evidence relate to a piece of land called “Mgbara Apiti” situate and lying at Umueze Iheorji Ngwaukwu.

From the pleadings and the evidence led in support, the plaintiff’s case put briefly is that the land in dispute is one of the pieces of lands deforested by his fore father Eze. Eze had two sons Ngwa and Njoku. When he died, Ngwa inherited the lands and when Ngwa died, Iheanacho inherited the lands because Njoku died before Ngwa. As the head ofthe family, Iheanacho pledged “Mgbara Apiti”, the land in dispute to one Isiguzo of Amapu and his father Ihekoronye later redeemed it when Iheanacho, the head of the family was still alive. His father died before Iheanacho. When Iheanacho died, he inherited the land in dispute.

The defendants/respondents denied the appellant’s claim to the land in dispute. It was their case that Eze, their fore father founded the land in dispute, Eze begat two sons Ngwa and Njoku who shared the lands, and his grandfather got the land in dispute including five other pieces of land while the plaintiff/appellant lineage got Uzoahaba, Azulorhari and Alaocha lands. It is also their case that since the sharing of the land, nobody had come from Njoku lineage to claim land in Ngwa lineage.

The appellant came into possession of the land in dispute because his father Micah pledged it to Ahudiya Ihekoronye, the mother of the appellant. He later redeemed it after the death of his father.