Gilbert Onwuka & Ors. V. Michael Ediala & Anor (1989)

LawGlobal-Hub Lead Judgment Report

WALI, J.S.C. 

In the trial Court the two actions filed by the opposing parties contesting the ownership of the same piece of land, though ascribing to it different names, were consolidated.

In suit No. HOG/9/85 filed by the plaintiffs for themselves and on behalf of Umuezeafor Kindred of Ohaji/Egbema/Oguta Local Government Area, as per their paragraph 9(a) of their Statement of Claim, the plaintiffs claim the following reliefs against the defendants:-

“(a) Declaration that the piece of land known and called “NWAOKPEKWE” land annual value N20.00 situate at Obile Ohaji in the Oguta Judicial Division and more particularly shown in plan No.ECIS/1162/81 dated 20th of May, 1981 has been in the customary possession of the plaintiffs who are consequently entitled to customary right of occupancy.

(b) N500.00 general damages for trespass to the said land.

(c) Injunction restraining the defendants by themselves, their servants and agents from entering the said land acting in any manner in violation of the plaintiffs’ customary rights of occupancy.”

In the cross-action filed as suit No.HOG/15/81 the defendants as plaintiffs claim for themselves and as representing Umuekwodi Kindred of Umuosu Obile in Ohaji/Egbema/Oguta Local Government Area, the following reliefs against the plaintiffs/defendants, as contained in paragraph 18 of the defendants/plaintiffs’ statement of claim –

“(a) Declaration that the piece or parcel of land known as and called OKWUAGBOSO land situate at Obile in Ohaji/Egbema/Oguta Local Government Area in the Oguta Judicial Division of Imo State with annual value of N30.00 (Thirty Naira) is in the customary possession and ownership of the plaintiffs, and the plaintiffs are entitled to customary right of occupancy to the said piece/parcel of land.

(b) N600.00 (Six Hundred Naira) general damages for trespass to the said land.”

Pleadings were ordered in both, the main action and the cross-action. These were subsequently filed and exchanged and issues joined.

At the end of the hearing the learned trial Judge in a considered judgment and after reviewing the evidence proffered, came to the following conclusions-

“I believe the evidence of the plaintiffs and their witnesses on these and other relevant issues and reject the evidence of the defendants and their witnesses in so far as such evidence tended to contradict the material aspects of the evidence of the plaintiffs and their witnesses. The defendants were ungrateful to the plaintiffs who had allowed some of the members of the defendants’ kindred to live on a part of the land in dispute by turning round to claim the land and in spite of the decisions of the Eze, Chiefs and elders of their community they persisted in their claim and unlawful acts over the land.

I hold that the plaintiffs have proved their case before this Court and they are entitled to their claims. Accordingly, I declare that the land in dispute as shown in Exhibit A has been in the possession of the plaintiffs and that they are entitled to a customary right of occupancy of the said land. The plaintiffs are entitled to damages for the trespass committed by the defendants upon the land in 1981 by clearing part of it for farming purposes and I award the sum of N400.00 against the defendants. The defendants are hereby restrained by themselves, their servants, agents and/or workmen from entering upon any part of the land in dispute except the buildings and adjoining premises on which some members of the Defendants’ kindred live with the permission of the plaintiffs. I dismiss in their entirety the claims of the defendants against the plaintiffs.”

Henceforth both the plaintiffs/defendants and the defendants/plaintiffs will be referred to as the respondents and the appellants respectively.