Benedict Orji & Ors. V. Ozo Nne Iloputaife & Ors. (2011)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

AMINA ADAMU AUGIE, J.C.A. (Delivering the Leading Judgment)

The action that led to this appeal started at Inyi Customary Court in Oji River Local Government of Enugu State, and it involves a land dispute.

The Respondents, who are from Umuchukwu, Agbalidi Inyi, Oji River LGA, were the Plaintiffs at the trial Customary Court where they claimed ownership of land situated at Agbalidi Inyi, which contains different portions that “were issued to or given to Akwu people under lease to live and make use of until the Akwu people deserted or parked away from the area before the Plaintiffs or Umuchukwu family people regains the said land”. They specifically claimed the following reliefs –

(1) Declaration that they have or are entitled to a Customary right of Occupancy over the said portions of land which are situated at Agbalidi Inyi now in dispute with Akwu Inyi.

(2) An injunction retraining both parties from further entering into the disputed land pending the determination of the aforementioned Suit/matter.

The Appellants, who are from Akwu Village in Inyi Town in the same Oji River LGA, however, counter claimed that they “are the bona fide owners in possession from time immemorial of two pieces or parcels of land known as and called Ana Nkpulo and Agu Akwu”. They also prayed for –

(a) A Declaration of the title to the said pieces or parcels of land Ana-Nkpulo and Agu-Akwu situate at Akwu village, Inyi in Oji River LGA within jurisdiction;

(b) Perpetual injunction jointly and severally against the Defendants, their servants, agents and privies from further trespass into the said land whose annual value is N100,00 (One hundred naira); and –

(c) N2,000.00 (Two Thousand Naira) for general damages.

The matter came up for the first time on the 22nd of April 1998, and was adjourned by the Customary Court to the 15th of May 1998 for hearing. The record of the proceedings on the said 1st of May, reads as follows –

“Before the Court started its proceedings two developments were recorded. The 1st was a letter from the Plaintiffs to add a 5th Plaintiff – – The second development was a counter claim by the Defendants showing that the Plaintiffs don’t know the land in dispute. That all the land mentioned are from Akwu Village. The Court addressed both parties and promised to look into the counter claim and pronounce decision on the next adjournment. Case is therefore adjourned to the 21st of May 1998”.

The record of the Customary Court on the said 21st of May, is as follows –

“Both parties present.

COUNTER CLAIM – Suit No.ICC/BL/98 Judgment