Chief Rogers Akaranta & Anor. V. Ntioma Bebe & Ors. (2011)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

MOJEED ADEKUNLE OWOADE, J.C.A. (Delivering the Leading Judgment)

This is an appeal from the judgment of S. N. Imo, J, dated 29th July 2005 delivered at the High Court of Abia State sitting at Obehie.

On 14/1/87, the appellants as plaintiffs before the lower court took out a Writ of Summons against the respondents and claimed as follows.

1. A declaration that the plaintiffs are entitled to the Customary Rights of Occupancy of that parcel of land known as and called ‘NTAMOKU’ being and situate along Umunwaubani lands in Umuibe village, Ndoki, Ukwa Local Government Area and of an annual value of twenty Naira (20.00).
2. One thousand Naira (N1,000.00) General Damages in that in the month of January, 1987 the defendants by themselves, their servants and or agents and without leave or license of the plaintiffs unlawfully broke and entered into the said plaintiffs land ‘NTAMOKU’ which is in the actual possession of the plaintiffs, cleared the same, uprooted their plantain stems and destroyed their cassava plantation.
3. An injunction permanently restraining the defendants, their servants and or their agents from any further acts of trespass to or interference whatsoever with the said plaintiffs land.

The appellants filed a statement of claim on 11/5/87 and later an Amended statement of claim on 6/4/88. Finally, in relation to this case, the appellants filed another Amended Statement of Claim dated 27/1/2003 on 31/1/2003.

The respondents, on the other hand relied on their Amended Statement of Defence dated 6/3/2003, amended pursuant to order of court made on 26/6/2002 and filed on 7/3/2003.

The facts of the case are that both the appellants and the respondents are descendants of a common ancestor known as Nwubani. The appellants claimed to have inherited the land, subject of this appeal from Dick Okereocho, who they claimed held from their family or lineage (Nwogunta) that it was Okereocho who deforested the land in dispute and upon his death, his son Dick Okereocho inherited the land. Upon the death of Dick Okereocho, the appellants inherited the land. This inheritance, according to appellants occurred because Dick Okereocho died without an issue and they the appellants family buried him and according to the appellants, in Ndoki custom when one has no issue and dies, his relation who buried him inherits his properties.

The respondents on the other hand claimed that the land in dispute belong to the Bebe family of the 1st and 2nd respondents. Also, that the land in dispute was deforested by their ancestor Bebe. Okereocho, according to the respondents does not hail from Umuibe village, Ndoki but hails from Nigboji Ndoki, Oyigbo Local Government Area, of Rivers state. Okereocho, by the respondents’ version, lived as a stranger element in Bebe’s House and was granted the land in dispute for farming purposes only. Okereocho never participated in deforesting the land in dispute. Upon Okereocho’s death, his son Dick Okereocho farmed upon the land and or used same. That, when Dick Okereocho died the entire Umunwubani comprising both the appellants, 1st and 2nd respondents families contributed money used for his burial in Rivers state. And, that, upon the death of Dick Okereocho who died without an issue, the land in dispute reverted back to the Bebe family in accordance with the custom of Umuibe, Ndoki.

At the trial, the appellants as plaintiffs called three (3) witnesses as follows

1 . PW1 – Sir Rogers Akaranta, of the appellants Akaranta family.

2. PW2 – Chief Emmanuel Kanu, a one time lessee of Dick Okoreocho on the land in dispute.
3. PW3 – Chidike Bebe, the 2nd plaintiff – a member of the respondents family who joined the plaintiffs suit as co-plaintiff.

The respondents also called 3 (three) witnesses as follows:

1. DW1 – Christian Ntioma Bebe.
2. DW2 – Nnaukwu Odoemela.
3. DW3 – Lucky Okereocho, (this witness did not turn up for cross-examination).

At the end of the trial, the learned trial Judge dismissed the appellants case and held at pages 120 – 121 as follows:

“….In the instant case, the plaintiffs pleadings are plainly defective. They are lacking in all material particulars. This is more so in the instant case where the plaintiffs and defendants disagree as to identity of the said Okereocho to whom the plaintiff trace their root of title. It behoves the plaintiffs to trace the line of succession from Ubani to Okereocho, showing how they are entitled to succeed him. It is not enough to say; Okereocho deforested the Ntamoku land; Okereocho is from our lineage. I am afraid the plaintiffs have woefully failed to meet this requirement….

where the plaintiff failed to prove his root or title satisfactorily, in a claim for declaration of title to land, the defendant who did not counter claim would not need to answer the claim upon such defective evidence…………as the plaintiffs as it were failed to make out a Prima facie case in their favour……… the claim of the plaintiffs failed in its entirely…….”

Dissatisfied with this judgment, the appellants filed a Notice of Appeal in this court on 28th October, 2005.