Anuonye Wachukwu & Anor V. Amadike Owunw Anne & Anor (1999)

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AKPIROROH, J.C.A.

The appellants were the defendants while the respondents were the plaintiffs in this action which was instituted at Aba High Court in Abia State as Suit No. N185175. The plaintiffs’ claim as set out in paragraph 17 of the amended statement of claim is as follows:-

17. Wherefore the plaintiffs claim against the defendants jointly and severally:-

(1) Declaration of Title to all that piece or parcel of land known as Ikeohia Umuarapara/Okpulor Umuarapara situate at Uratta Okpu-Umuobo in Aba Urban Division valued N20.00 annually.

(2) N500.00 being general damages for trespass committed by the defendants on the said land on or about the 13th day of September, 1975.

(3) Perpetual injunction to restrain the defendants, their servants or agents from committing acts of trespass on the land.

Pleadings were filed and duly delivered. The case thereafter went to trial before S.O. Ekpe J. Both the plaintiffs and the defendants amended their respective pleadings. The case was therefore tried on their amended pleadings.

The plaintiffs’ case put briefly was that in the olden days, the people of Uratta Umuobo led by one Okpokoroipi migrated from Uratta Okpuala Ngwa in northern Ngwa to Mgboko where they were granted a settlement by Mgboko people whose leader was Afaraukwu, the original owner of a vast area of land including the land in dispute. Later the respondents of Umuarapara family led by one Ikpeamaeze traced their kinsmen (the Uratta people) to the said land where Okpokoroipi in his capacity as the leader of Uratta people granted to his kinsmen (Umuarapara people) led by Ikpeamaeze a piece of land out of the land granted to him by Mgboko people. They settled on the land granted to them and exercised various acts of ownership before they left it, as their former homestead and named it “Okpulor Umuarapara” or “Ikeohia Umuarapara” and continued to farm on it.

The case for the defence was that the land in dispute was deforested by their ancestor, Akuru with his brother Agwu who were in possession as owners until it devolved on them.

At the end of the trial, the learned trial Judge delivered his judgment and granted all the reliefs sought in their amended statement of claim.

Dissatisfied with the judgment, the appellants have appealed from the decision to this court on four grounds of appeal.

The parties filed their briefs of argument. The appellants formulated the following four issues for determination in the appeal:-

Issues for Determination:-

(i) From records can the respondents be said to have proved their acquisition of the land in dispute by grant and if they have not, what is the legal consequence?

(ii) Was the identity of the land in dispute an issue and if so was it established?