Chief Ezeniyili Uzowulu (Oduah) & Ors V. MR. Ofulue Akpor & Ors (2014)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

MOHAMMED MUSA SAULAWA, J.C.A. (Delivering the Leading Judgment)

The instant appeal is a fall-out of the Judgment of the High Court of Justice of Delta state, Asaba Judicial Division, which was delivered on November 3, 1997 in Suit No. A/147/94. By the Judgment in question, the lower court, coram M. C. U. Odita J; granted all the declaratory and injunctive reliefs sought by the Respondents (Plaintiffs) against the Appellants (Defendants).

Not unnaturally, the Appellants were utterly dissatisfied with the Judgment. Thus, by the original notice of appeal thereof, dated December 22, 1997, the Appellants appealed to this court seeking the following reliefs:Suits & Business Attire

(1) To set aside the decision of the learned Judge sitting at the High Court of Justice, Asaba dated the 3rd day of November, 1997 and to allow the appeal and dismiss the Plaintiffs/Respondents case.

(2) In the alternative, to declare the while proceedings and Judgment a nullity and send the suit back for retrial before another Judge.

BACKGROUND FACTS:

The circumstances surrounding the present appeal are not at all far-fetched. Undoubtedly, they are deducible from the record of appeal that’s evidently transmitted from the court below to this court since about sixteen years ago i.e. on July 21, 1999.

It is evident from the record (pages 1 – 3), that the Respondent had filed in the court below the said suit (No. A/147/94) vide a writ of summons, seeking various declaratory and injunctive reliefs jointly against the Appellants. By paragraph 20 of the statement of claim thereof, filed on November 22, 1994, the Respondents claimed against the Appellants the following declaratory and injunctive reliefs –

a. Declaration that the purported coronation of the 2nd to 4th defendants is null and void and in contravention of Oko-Amakom Native Law and Custom.

b. Declaration that the Uwaile quarters of Oko-Amako, which the defendants represents (sic) is not a ROYAL quarters and is not entitled to partake in the taking of the Onihe title, but the exclusive right of the Idoko quarters of Oko-Amakom to which the plaintiffs belongs (sic).

c. An order of perpetual injunction restraining the first defendant from further parading himself as the Onihe of Oko-Amakom.

Pleadings having been filed and exchanged, the suit eventually proceeded to trial. The Respondents (Plaintiffs) called four witnesses in the persons of the following: (i) OBI ANYAFULU CHRISTOPHER (PW1); (ii) PAUL OZA, PW2; (iii) HUMPHREY EMODI IFEANYI OBUMSE (PW3); and (iv) PATRICK AZUKA IWEZE (PW4), respectively.

On the part thereof, the Appellants called three witnesses in the persons of the following: (i) ENWUNMA COLLINS (DW1); (ii) ENEBELI PETER OGBUCHI (DW2); and (iii) MADINENYE NWADIOWE, (DW3), respectively. However, on 07/8/97, when the matter came up at the lower court for continuation of hearing, Emodi Esq, the Appellants’ counsel orally applied to withdraw his appearance. The lower court readily granted Emodis’ application. Consequent upon which, the Appellants orally informed the court that they needed to brief another counsel to prepare and present their address. Not unexpectedly, Mr. Egonu, SAN vehemently objected to the Appellants’ application for an adjournment to enable them brief another counsel. The lower court upheld Mr. Egonu, SAN’s objection and accordingly adjourned the matter to November 3, 1997 for Judgment. Where upon, the lower court proceeded to deliver the vexed Judgment on the said November 3, 1997 to the conclusive effect, thus:

The plaintiffs proved to my satisfaction how they came to own the title of Onihe. Consequently I find as a fact and so hold that the plaintiffs are the rightful owners of the Onihe Chieftaincy title to the exclusion of the Defendants…