Chief Thomas Okpala V M. U. Okpu & Ors (2003)

LAWGLOBAL HUB Lead Judgment Report

NIKI TOBI, JSC.

In Suit No. SC.106/1996, this Court delivered a judgment on 24th October, 1969 in a similar matter. Although the parties are different, the claim was based on virtually the same portion or parcel of land. The plaintiffs in that appeal claimed the following reliefs:

“1. The Plaintiffs claim as against the Defendants is for a declaration of title to and possession of the piece and parcel of land situate in Nsukwa land which said land will be more particularly delineated in the plan to be filed by the plaintiffs.

Plaintiffs also claim the sum of £300 from the Defendants being the value of annual tributes due from the Defendants to Plaintiffs for 5 years.

Plaintiffs seek an order of injunction restraining the Defendants, their servants and agents from farming on or in any other way interfering with the said land without the consent of the Plaintiffs.”

The High Court, Asaba dismissed the claims of the plaintiffs in Suit No. W/35/58. This Court allowed the appeal. Delivering the judgment of the Court, Madarikan, JSC, ordered as follows at pages 224 and 225 of the Record:

“The appeal is hereby allowed. The judgment of the High Court, Asaba, in Suit No. W/35/58 including the order for costs is set aside and its ordered that:

(a) The Plaintiffs as representatives of the Nsukwa people be and are hereby:

(i) granted a declaration of title to the land edged pink on the plan marked as Exhibit B

(Plan No. MWC/71A/59);

(ii) granted possession of the said land;

(iii) awarded £300 being tributes due from the Defendants to them; and

(iv) granted an injunction restraining the Defendants their servants or agents from farming on or in any other way interfering with the said land without the consent of the Plaintiffs.

(b) The Respondents will pay the Appellants the costs of this appeal assessed in this court at 58 guineas and costs in the court below at 183 guineas.”