Samuel Onah v. Samuel Odeh (2023)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

BIOBELE ABRAHAM GEORGEWILL, JCA (Delivering the leading judgment)

This is an appeal against the judgment of the Customary Court of Appeal Benue State Makurdi Division, Coram: C. A. Idye PCCA J, S. S. Chaha J, and M . T. Ugar J, in appeal No. CCA/M/01A/2018: Samuel Odeh (Suing for himself and Anyigaichibila family) v. Samuel Onah (Suing for himself and Anyichibila family) delivered on 5/6/2018, in which the appeal of the respondent herein as appellant therein against the appellant herein as respondent therein over the judgment of the trial Upper Area Court, Oju in suit No. CV. 11/2015: Samuel Onah v. Samuel Ode delivered on 20/12/2017 in favor of the appellant against the respondent was allowed and the said judgment was set aside and the case of the appellant herein was dismissed.

The appellant was dissatisfied with the said judgment and had appealed to this court vide his notice of appeal filed on 21/6/2018 on two grounds of appeal. See pages 142 – 146 of the record of appeal. The record of appeal was compiled and transmitted to this court on 23/8/2018.

The parties filed and exchanged their briefs, which were adopted as their arguments at the hearing of this appeal on 29/3/2023. The appellant was represented by E. J. Okwon, Esq. The respondent was represented by Jane Otor, Esq. appearing with Anita Victor, Esq.

Succinct statement of facts

By a civil claim in suit No. CV.11.2015 filed on 26/5/2015 before the trial Upper Area Court, Oju, the appellant as claimant claimed against the respondent as defendant the following reliefs, namely:

1. Declaration of title and ownership to ancestral land owned by Anyoga Ichibilla and situate at Ichibilla Ukuru Ikachi, Oju Local Government Area, Benue State.
2. An order of perpetual injunction restraining the defendant’s family, their agents or privies from any further trespass unto the said ancestral land situate at Ichibilla Ukuru Ikachi, Oju Local Government Area, Benue State. See page 3 of the record of appeal.

At the conclusion of the trial, the trial Upper Area Court, Oju, in its judgment delivered on 20/12/2017, granted the claims of the appellant as claimant for declaration of title to the ancestral land in dispute situate at Ichibilla Ukuru Ikachi, Oju Local Government Area, Benue State against the respondent as defendant. See pages 71 – 79 of the record of appeal.

The respondent herein was dissatisfied with the judgment of the trial Upper Area Court and had appealed against it to the Benue State Customary Court of Appeal, the lower court, vide his notice of appeal filed on 8/1/2018 on a lone ground of appeal stating as follows:

“The judgment of the trial Upper Area Court, Oju is against the weight of customary justice and it is unwarranted and unreasonable” see pages 1 – 2 of the record of appeal.

The parties filed and exchanged their briefs of arguments before the lower court and at the conclusion of hearing, the lower court delivered its judgment on 5/6/2018, in which the appeal of the respondent herein as appellant therein against the appellant herein as respondent therein was allowed and the judgment of the trial Upper Area Court, Oju entered in favor of the appellant against the respondent was set aside, and in its stead, the claims of the appellant as claimant against the respondent as defendant were dismissed for lacking in merit, hence this further appeal to this court. See pages 125 – 140 and 142 – 146 of the record of appeal.

Issues for determination

In the appellant’s brief, a sole issue was formulated as the issue for determination from the two grounds of appeal, namely:

“Whether the lower court made a proper approach to the applicable rules of law and procedure in the circumstances?” (Distilled from grounds 1 and 2)

In the respondent’s brief, the sole issue as formulated in the appellants’ brief was adopted as the sole issue for determination in this appeal.