Anthony Osuji V. Ogbonna Osuji & Anor (2014)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

FREDERICK O. OHO,J.C.A. (Delivering the Leading Judgment)

Before the High court of Imo State sitting at Owerri, Ogbonna Osuji and John Kennedy Osuji brought an action against Anthony Osuji claiming as follows:

1.A Declaration that according to the custom of Umudee Orji People, ALA MGBALA of a deceased belongs to her last son.

2. A Declaration that the land in dispute is the ALA MGBALA OF MRS. GRACE OSUJI, deceased and Grand Mother of the parties and the bonafide property of the Plaintiff.
3. AN Order of Court perpetually restraining the Defendants, his agents, privies, servants etc from further acts of trespass into and or claiming the Ala Mgbala of the Plaintiffs.

The learned trial Judge after hearing evidence and listening to the addresses of counsel, in a well considered judgment entered judgment for the Plaintiff in respect of the 2nd and 3rd items of the claim. The Defendant (herein after called: “the Appellant”) appealed against the said judgment.

The Plaintiffs case, (who are hereinafter called; “the Respondents”) is that both the Respondents and the Appellant are all grandchildren of the Late Daniel and Grace Osuji. The Appellant’s father called Louis is the first son, while the Respondents’ father called Kelvin is the second and last son.

The parcel of land which is the subject matter of this suit is the MGBALA of the parties’ Grandmother Grace Osuji. The Respondents’ case is that they are entitled to the MGBALA by virtue of customary inheritance. The Appellant on the other hand is holding on to a section of the compound and has refused to relinquish it on the ground that where he presently is belongs to his Father by customary inheritance, who is elder Brother of the Respondents’ deceased Father.

The Appellant has consistently maintained that the Ala Mgbala as it is in the con of this dispute, is not restricted to their Grand Mother Grace Osuji’s Kitchen alone, but forms part of the compound of the Late Daniel Osuji which included both what comprises the Ala Mgbala and the portion where the Grandfather of the parties, Daniel Osuji lived, died and was buried.

That the Ala Mgbala also comprise the room where the Grandmother of the parties lived and died, the room where the female children of the parties grand parents lived before they got married, the kitchen, bathroom situate at the back of the two rooms.

According to the Appellant, under the Custom of Umudee Orji People, the Appellant is entitled to one of the three (3) room house where their grandfather, Daniel Osuji, lived,while the Respondents, had their father survived his parents, would have been entitled by inheritance to the room where their grandmother, Grace Osuji lived and died.

Appellant disclosed that in spite of the fact that Respondent’s father predeceased his parents, the Appellant’s father still apportioned to the Respondents the portion they are entitled to, which consists of the room of their grandmother, bathroom and a small portion of land located behind their grandmother’s room as well as the room of the parties, aunties, collectively known and called the ALA MGBALA in the circumstances of this case.

Appellant further disclosed that the Respondents are in possession of the ALA MGBALA but have laid claims to the room where their grandfather Louis Osuji lived, which according to custom is the inheritance of the Appellant’s father and where Appellant’s father had been buried.

In appealing against the lower court’s judgment of the 30th day of July, 2012 only three Grounds of Appeal were filed, which without their particulars, are reproduced as follows:

GROUNDS OF APPEAL

i. The judgment is against the weight of evidence.