Attaboh Idih V. Dr. Aliyu Ocheja Obaje (The Attah Of Igala) & Anor (2010)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

PAUL ADAMU GALINJE, J.C.A. (Delivering the Leading Judgment)

The Appellant herein, who was the plaintiff at the Kogi State High Court, claimed against the respondents, the following reliefs:-

i. An Order quashing the entire letter dated the 22nd day of March 2004 as being contrary to Igala native law and custom, natural justice, equity and good conscience.

ii. An Order declaring the purported termination of Plaintiffs caretakership of Okpe Adige land not based on any known misbehavior as null and void and of no effect whatsoever.

iii. An order restoring or maintaining Plaintiffs customary and natural caretakership over Okpe Adige since his fore-fathers first occupied the land.

iv. A perpetual injunction restraining the Defendants from tampering in any manner Plaintiffs caretakership over Okpe Adige land or preventing the Defendants from taking decision or steps injurious to the Plaintiffs interest and enjoyment of Okpe Adige land and its economic trees thereon.

In his Statement of Defence, dated 4th of October, 2004, the 2nd Respondent counter claimed against the Appellant as follows:-

a. A Declaration that the action of the 1st Defendant, terminating the caretakership of the Plaintiff and his family over Okpe Adige land is in Order, correct and in accordance to (sic) Igala native law and custom in the circumstances of this case.

b. A Declaration by the Honourable Court that there being nothing in Igala native law and custom as natural or perpetual caretakership of Okpe Adige land.

c. An Order declaring that the Plaintiff are liable to forfeiture of Okpe Adige land in view of gross misbehavior and misconduct of the Plaintiff and members of his family.

Appellant filed a defence to counter claim and a reply to the defence of the 2nd Respondent.

Issues having been joined the matter proceeded to trial. During the trial, the Appellant called three witnesses while the 2nd Respondent gave evidence and in addition, two witnesses testified for the defence.

Thereafter, counsel for both parties addressed the court. In a reserved and considered judgment delivered on the 17th January,2007, Idajili J. dismissed the Appellants claims and granted the counter claims of the 2nd Respondent.

The Respondent is dissatisfied with the decision of the lower court.