Emmanuel Ndukuba & Anor V. Patrick Nwankwo & Ors (2016)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

TOM SHAIBU YAKUBU, J.C.A. (Delivering the Leading Judgment)

The parties in this appeal trace their common ancestry to Nanka. It is agreed between the parties, that Nanka had seven sons, the eldest of whom was Agbiligba, who inherited the land in dispute from his father Nanka. The land in dispute is called Agu Nwankwo land. The appellants lay claim to it through Odukalia, the first son of Agbiligba, according to them whilst the respondents lay claim to the same parcel of land, through Dunu who they claim, was the first son of Agbiligba. The appellants say that the respondents are strangers in Nanka town, because the forefathers of the respondents, were hunters from Nnobi who migrated to Nanka hundreds of years ago.

On the other hand, the respondents allege that the appellants are descendants of hired war mercenaries from Ohafia, who were assimilated within the Nanka community, that is, just as the appellants allege that the respondents are strangers to Nanka, so also the latter allege that the appellants are strangers to Nanka. The appellants are of Umuakuesu and Umuezehagba Kindred of Umuezeakali Agbiligba village, Nanka, in Orumba North Local Government of

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Anambra State, whilst the respondents are members of Umudunu-Ani kindred, Umudunu Agbiligba village, Nanka, in Orumba North Local Government Area of Anambra State.

The appellants, had sued the respondents, at the Anambra State High Court of Justice, holden at Ekwulobia in August, 2007 and prayed for:

(a) A declaration of Court that the Plaintiffs are entitled or deemed to be entitled to the Customary Right of Occupancy over the piece or parcel of land lying, being and situate at Agbiligba Nanka known as “Agu Nwankwo” land.

(b) N5 million damages for trespass.

(c) Perpetual injunction restraining the defendants by themselves, their agents, servants and privies from trespassing into the land.

The respondents, naturally denied the claim as expressed in their extant 2nd Further Amended Statement of Defence and contemporaneously filed a counter claim against the appellants, and prayed, to wit:

(a) A declaration that the Umudunu-Ani family is the exclusive owner in possession of the portion of land called “Agu Nwankwo” whilst the portion called Isi-Ajofia and Ajofia belong to the whole of Umudunu community which said portions of

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land are shown in survey plan No. FS/AN 118/2007.

(b) N1,000,000.00 (One Million Naira) damages against the Plaintiffs for trespass.