Chief Albert Alikor & Ors. V. Rev. Chief M.W. Ogwo & Ors. (2009)

LawGlobal-Hub Lead Judgment Report

TIJJANI ABDULLAHI, J.C.A.

On the 13th December, 1999, the Respondents who were the Plaintiffs in the lower Court filed an amended statement of claim, claiming from the Appellants who were then Defendants the following reliefs:

“WHEREFORE, THE Plaintiffs claim from the Defendants the reliefs/remedies:

(a) A declaration that the statutory right of occupancy in respect of that piece or parcel of land lying and situate at Awhua/Ahua village, Omagwa, Isiokpo in the Ikwerre/Etche Local Government Area, otherwise known as and called ‘EKWU OMEKTU AGWUO-NUAWHUA, rests in the Plaintiffs.

(b) N1,000,000.00 being general damages for trespass.

(c) A perpetual injunction restraining the Defendants jointly and severally, personally and through their servants, and/or agents, privies and representatives in interest from committing further trespass on the land in dispute.”

The Appellants as Defendants in an amended statement of claim in paragraph 7 thereof averred thus:

“Save as hereinbefore specifically admitted, the Defendants deny each and every allegation contained in the statement of claim as though the same were herein set forth and traversed seriatum”.

The Appellants also counter-claimed as follows:

8. The Defendants repeat the averments in paragraphs 1 – 7 of the Defendants, statement of defence.
9. WHEREFORE the Defendants claim against the Plaintiffs is for:

(a) A declaration that the statutory right of occupancy in respect of that piece or parcel of land called AKWU EHIE lying and situate at Imogu village. Omagwa vests in the Defendants;

(b) N1,000,000.00 (One million naira) being general damages for trespass:

(c) A perpetual injunction restraining the Plaintiffs jointly and severally, personally through their servants, agents, privies and representatives from committing further trespass on the land in dispute.

The facts of the case as can be gleaned from the records are that: The Respondents in the appeal were the Plaintiffs in the lower Court; while the Appellants were the Defendants in that Court. All the parties are from Omagwa in Ikwerre Local Government Area of Rivers State. They share a common ancestor or pregnitor in Agwa who was claimed to have been the sole founder of the entire Omagwa village.

The Respondents in the lower Court claimed to be are native of Omoeketu in Oma-agwa and that they own the land in dispute which they called ‘EKWO OMUEKETU AGWUO-NU-AWHUA’. According to them AGWA, the original founder of the land fathered OPARAGWA, IMOGU, ORLU AGUBIA AND. OCHIM. That Ogum fathered EKETU and that they ate the descendants of Ogum through their father called “EKETIJ”.