Eugene Nwaokarobia & Anor. V. Daniel Uzoho & Ors. (2006)

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MONICA BOLNA’AN DONGBAN-MENSEM JCA.

The Appellants, as Plaintiffs, in the Isu customary court Nneneasa of the Imo State Judiciary, claimed as follows:-

(a) A declaration ‘that the Plaintiffs are entitled to the Customary Right of occupancy over the piece and parcel of land known as and called ‘Uhu-umu-Uche’ situate at Ebenator-Ekwe in Isu Local Government Area within the jurisdiction of Court.

(b) Perpetual injunction restraining the defendant’s servants or agents from further act of trespass to the land of the Plaintiff aforesaid

(c) N3, 000.00 (Three Thousand Naira) only being general damages for the economic crops and and carried away.

The parties joined issues at the trial Court.

It is the case of the Appellants that the land devolved to them from their ancestor by the name Uche Duru- who first farmed the land and after whom the land is called as “UHU-UMU-UCHE” The land is situated at Ebenator Ekwe in the Isu Local Government Area of Imo State. There is no dispute as to the identity of the land.

Conversely, the Respondents as Defendants claim ownership of the land. They call their own land ‘Okukoro-ala” or ‘Uhu Umuche,” situate at Ebenator Ekwo in Nkwerre Local Government Area of Imo

State. The said land revolved on them from their ancestor called Okorokoro of the “Okwaraudu family”. The Respondents also claim that the Appellants are also of the “Okwaraudu family” but deny that any of their ancestors answered the name “Uche” as claimed by the Appellants.

The Appellants called five witnesses to establish their claim while the Respondents challenged the case of the Appellants with an equal number of five witnesses.

The trial-Customary Court dismissed the suit of the Appellants in a split decision of two to one.

The Appellants immediately launched a complaint at the Customary Court of Appeal Imo State holden at Owerri. They again lost and have now come to this Court urging us to overturn the decisions of the trial and appellate Customary Courts.

Appellants filed five grounds of appeal from which grounds; two issues were distilled for determination by this Court. The issues are:-

1.Whether having regard to the provisions of the Customary Court Rules and the applicable native law and custom, the Appellants did not prove their cases as required by law.