Iheanacho Ukachukwu & Ors V. Innocent Ihejirika & Ors (2014)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

ITA G. MBABA, J.C.A. (Delivering the Leading Judgment)

This is an appeal against the Judgment of the Customary Court of Appeal of Imo State, Owerri, in Appeal No. CCA/OW/A/42/2013, delivered on 16/1/2014, wherein the Lower Appellate Court allowed the appeal by the Plaintiffs/Appellants (Respondents herein) and entered judgment for them in the matter at the Customary Court.

At the Customary Court, the Defendants (Appellants herein) had claimed in suit No.CC/NGO/21/98 as follows:

a) A declaration that the plaintiffs are entitled to be granted the Customary Right of Occupancy to all that piece or parcel of land popularly known as and called “UZO UMUOGBEDE UMUEZE” land being lying and situate at Umueze Village, Amala within the jurisdiction of this Honourable Court.

b) N2,000.00 (Two Thousand Naira) being general damages for trespass.

c) Perpetual injunction restraining the defendants either by themselves, their privies, agents, workers or servants from further trespass or unlawful entry into the land in dispute”.

The Plaintiffs (now Respondents had, in turn, claimed in their suit CC/NGO/17/98, for:

“(a) An order of forefeiture of “Okwuoba” or “Uzoumuogbede” land situate at Amapu Amala.

b) A declaration that the Plaintiffs are entitled to the Customary Right of Occupancy to all that piece or parcel of land known as “Okwuoba” or “Uzoumuogbede” situation at Amapu Amala in Ngor Okpala Local Government Area within jurisdiction.

d) Perpetual injunction restraining the defendants either by themselves, their privies, agents, workers, or servants from further trespass or unlawful entry into the land in dispute.”

The two suits were taken out at the Umuneke Customary Court, and were later transferred to Customary Court Itu Ezinihitte for trial. At the Customary Court Itu Ezinihitte the two suits were re-numbered and consolidated.The Suit No.CC/NGO/17/98 was re-numbered CC/EZ/9/2002 while CC/NGO/21/98 was re-named CC/EZ/6/2006. Judgment was delivered by the trial Court on 27/5/2013, wherein the suit of the plaintiffs (CC/EZ/9/2002) was dismissed and that of the Defendants (CC/EZ/6/2006) succeeded.

Dissatified, the Plaintiffs appealed to the Customary Court of Appeal, Owerri, in Appeal No.CCA/OW/A/42/2013 against that decision, successfully, and on 16/1/2014 the Customary Court of Appeal reversed the judgment of the Customary Court and entered judgment for the Plaintiffs/Appellants, as follows:

“(1) Appeal is allowed.

(2) The judgment of the Court below in CC/EZ/9/2002 and CC/EZ/6/2006 delivered on the 27th day of May, 2013 subject of this appeal is hereby set aside.