Awa Okorie Uchendu & Ors. V. Chief Eyo Ogboni & Ors. (1999)

LAWGLOBAL HUB Lead Judgment Report

O. UWAIFO, J.S.C

These appeals come from a decision of the Court of Appeal, Enugu Division given on 7 February, 1987. They are in respect of a land dispute between three villages which, in a primary con, may be regarded as border villages of two States. The plaintiffs of Biakpan in Akampa Division of the erstwhile South Eastern State (now more particularly of the Cross River State) claim the land to be theirs, naming it Okporokun. The 1st set of defendants of Abia village in Ohafia Division of the erstwhile East Central State (now more particularly of Abia State formerly part of Imo State) call the land Aliedo while the 2nd set of defendants of Achara Ihie village in Arochukwu Division also now of Abia State call the land Ugwu Ofo. The claim brought on 12, October, 1973 in the High Court, Calabar of now Cross River State was for

(a) a declaration that the land known as Okporokun as delineated in the plaintiffs’ plan No. EAAC/489/LD is part of Biakpan communal land and

(b) perpetual injunction to restrain the defendants by themselves, their servants, agents or assigns from alienating, dealing with or doing anything in the said Okporokun inconsistent with the communal ownership of Biakpan of it.

The 1st sets of defendants were originally the only defendants. As between them and the plaintiffs, issues were joined on the pleadings sometime in March, 1975 and hearing of the case by Kooffrey, then Ag Chief Judge, commenced on 2 July, 1975.

But while the cross-examination of the first of the plaintiffs’ witnesses (P.W.1) was continuing, the court ordered the joinder of the 2nd set of defendants on 6 January, 1976 upon an application made by them. There is nothing to show that the writ of summons was accordingly amended, nor was the statement of claim.

Even the statement of defence filed by the 2nd set of defendants in March,1976, did not properly reflect them as party to the suit as such. The parties constituting the title of the suit were simply stated thus:

Chief Eyo Ogboni & 2 Ors Plaintiffs

(For themselves and as representing the people of Biakpan in

Akamkpa Division of East Central State),

and

Chief Awa Aja & 3 Ors Defendants

For themselves and as representing the people of Achara Ihie in Arochukwu Division of East Central State).

It will be observed, first, that the plaintiffs were erroneously described as people of Biakpan in Akampa Division of East Central State instead of South Eastern State. Second, the defendants on record as stated in the statement of defence are simply those representing the 1st set of defendants of Abia in Ohafia Division which, in that sense, exclude the 2nd set of defendants themselves. Third, over and above that, those inadequately stated on record as the defendants were erroneously described as people of Achara Ihie in Arochukwu Division whereas they are Abia people of Ohafia Division.