Chinaka Okehi & Ors V. Anaele Obi & Ors (2017)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

AYOBODE OLUJIMI LOKULO-SODIPE, J.C.A. (Delivering the Leading Judgment)

This appeal is against the judgment delivered on 5/6/2001 by the Customary Court of Appeal, Imo State holden at Owerri (coram: Iwuagwu, (Presiding Judge) and Ibe and Okonkwo (JJ. CCA), (hereafter to be simply referred to as the ?Court below?) in Appeal No. CCA/OW/A/29/2000 ?CHINAKA OKEHI & ORS. V. ANAELE OBI & ORS.

The case which the Court below entertained on appeal was instituted by the Respondents herein as Plaintiffs (suing for themselves and on behalf of Umuawa and Umunwoko Kindreds of Obike) at the Customary Court of Imo State, Owerri Judicial District, holden at Okpala (hereafter to be simply referred to as ?the trial Customary Court?). In the statement of claim before the trial Customary Court, the Respondents claimed against the Defendants (now Appellants) jointly and severally for:-

?(i)The sum of N1,500.00 (One Thousand Five Hundred Naira) being the estimated value of economic plants the defendants destroyed during their trespass on the plaintiffs (sic) farm land known as and called Azuowu situate

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over Ogochia Obike Stream.

(ii) Declaration that the defendants have no title of (sic) the said farm land known as and called Azuowu.

(iii) Perpetual injunction restraining the defendants, their heirs, agents, assigns, and workmen from further acts of trespass on the said land known and called Azuowu situates (sic) over Ogochia Obike stream.

The particulars of claim as filed before the trial Customary Court in the case read: –

1. The Plaintiffs are farmers, native of Umuofo Obike and reside thereat.
2. The defendants are farmers, native of Umundeoche Obike and resides thereat.
3. The Plaintiffs inherited from their fore-fathers the parcel of land known as and called Azuowu situates (sic) along the bank of Ogochia Obike Stream.
4. The Plaintiffs have been in peaceable possession of the said parcel of land and have been farming in it without molestation.
5. Sometimes in February, 1985 the defendants forcibly entered this parcel of land cleared it and destroyed quantity of economic plants valued about N1,500.00.
6. The Plaintiffs questioned why they should farm on said parcel of land, the defendants claimed ownership of the

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parcel of land.

7. The Plaintiffs sent a representation of elders to the defendants to withdraw from the said land but the defendants neglected and refused to comply.

Whereof the plaintiffs claim as per writ of summons.?

See pages 7 ? 9 of the records.

The judgment of the trial Customary Court spans pages 69 ? 79 of the records. Therein, the trial Customary Court dwelling on the issues for determination in the case said at pages 73 ? 74 thus:-