Chief Adison Onya & Ors. V. Chief Godwin & Ors. (2009)

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IBRAHIM MOHAMMED MUSA SAULAWA, J.C.A.

This is an appeal against the judgment of the Abia State High Court Ukwa Judicial Division, holden at Obehia, delivered on 27/7/2005 in suit No. UUK/7/2004 pertaining to the present parties.

The circumstances surrounding the appeal are to the effect that on 13/02/2004 the four Respondents instituted a writ of summons along with a statement of claim in the court below claiming against the six Appellants the following reliefs:

A. A Declaration of this Honourable Court that the plaintiffs as a corporate entity have the legal right to effect a change of the name and identity of their community from its former name “Ezebudele village to the new name Ezendioma village.

B. A Declaration of this Honourable Court that the plaintiffs as a corporate entity have lawfully effected a change of the name and identity of their community from it’s former name Ezebudele village to the new name “Ezendioma village.

C. An Order of injunction restraining the Defendants by themselves their servants, agents and/or privies for forcing people to revert to the use of the former name of “Ezebudele village” or in any manner whatsoever interfering with the plaintiffs lawful use of the new name “Ezendioma village.”

D. An Order of this Honourable Court compelling the Defendants to replace the two sign posts belonging to the plaintiffs bearing the name Ezendioma village” which sign posts were willfully uprooted any defaced by the Defendants.

On the other hand, the Respondents had in the statement of defence thereof not only denied the Appellants’ claim but also counter claimed and thereby sought the following reliefs.

(a) A declaration that the name of the village of the parties has been and remains EZEBUDELE

(b) A declaration that the Plaintiffs can not foist a name viz EZENDIOMA on the Defendants or the people of Ezebudele.

(c) An injunction restraining the plaintiffs from further trying to change the name of Ezebudele to Ezendioma or at all by force.

Pleadings were filed and served. The case proceeded to trial, at the end of which judgment was delivered on the said 27/7/2005 by the learned trial judge to the effect, inter alia, thus:

I hold that the plaintiffs have discharged the burden of proof placed on them by section 135 of the Evidence Act, Cap. 112 Laws of the Federation, 1990… I am satisfied that the plaintiffs have proved on preponderance of evidence that the name of the village has been validly changed form Ezebudele to Ezendioma…..

…I am afraid the defendants merely defended this suit without much regard to their counter-claim. The defendants filed to thus prove their counter claim; same is herby dismissed. Hearing held that the plaintiffs have proved their case, I accordingly give judgment in favour of the plaintiffs as per plaintiffs statement of sub (d) “compelling the defendants to replace the two sign posts belonging to the plaintiffs the name Ezendioma village.” Is disallowed i.e. the location and place of the sign posts and dimensions, are not certain and therefore making such order difficult to enforce. Against moral run of events, but in order to encourage peace and unity in the village, make no order as to cost.