Godwin Uzoechi V Elias Onyenwe (1999)

LAWGLOBAL HUB Lead Judgment Report

BELGORE, J.S.C.

The original plaintiff who sued in representative capacity on behalf of Okorokwaraun: kindred. John Ekke, died on 2nd February, 1982, in course of proceedings and by application of the kindred the present plaintiff. Godwin Uzoechi, was granted leave by trial court to substitute as plaintiff. The action was for declaration of title, damages for trespass and injunction in respect of a piece or land called “Ohiagu” by plaintiff and in respect or which a plan, Exhibit A. was drawn. After all the pleadings were exchanged, the trial court heard evidence and Ugoagwu. J., delivered judgment in favour of the plaintiff by concluding as follows:-

“In the final result, on a calm view of the totality of the evidence adduced, the pleadings and submissions of learned counsel for the parties. I am satisfied that the plaintiff has proved his case on the balance of probabilities and that he is entitled to the judgment of this court. I will also add that I find as a fact that the name of the land in dispute is ‘Ohiagu’ and not ‘Ukabi Ohiagu’.”

Consequent upon the aforementioned judgment, the learned Judge made the following orders:-

“1. The plaintiff, Godwin Uzoechi, and members of Okurokwaraure kindred in Obiohia are entitled to the customary right of occupancy of that piece of land called ‘Ohiagu’ situate at Obiohia in Ideato Local Government Area within jurisdiction and more particularly shown verged red in plan No. P. O./E41/76. Exhibit ‘A’.

2. The defendants shall, jointly and severally, pay to the plaintiff N400.00 general damages for trespass to the said land.
3. The defendants by themselves, their agents and of servants are hereby perpetually restrained from acting in any manner inconsistent with the plaintiffs rights of possession of the said Ohiagu land.’

The defendants appealed against this decision to the Court of Appeal, Port Harcourt Division. The Court or Appeal allowed the appeal and set aside the entire decision of the trial court. The plaintiff pleaded that his kindred is called Okorokwaraure in Obioha and the kindred is also known as Mkpokiriohia, this defendants admit in their paragraph 2 of statement of defence. However, defendants’ assert that the plaintiffs kindred were shown the land in dispute by defendants’ ancestors for their dwelling. It is very clear in this paragraph 2 which states as follows:-

“The defendants admit paragraph I of the statement of claim only to the extent that the plaintiff is a resident of the kindred called Okorokwaraure in Obioha and also called Mkpokiriohia which is the name of the section of Okorokwaraure to whom the defendants’ ancestors showed a dwelling land called Ukabi Ohiagu now being disputed by the plaintiff. Defendants deny that plaintiff’s fellow kinsmen are all in support of plaintiff’s claim to defendants’ land or that he represents them and plaintiff is hereby put to the strictest proof thereof.”

That the defendants were not disputing tha1 the plaintiff, Godwin Uzoechi. is a member of Okorokwaraure kindred of Obiohia in Ideato Local Government. Nkpokirioha kindred is the same as Okorokwaraure kindred. Despite this admission of the kindred to which the plaintiff belongs by the defendant, it is curious that the Court of Appeal held as follows:

“i. that the plaintiff is not a member of Okorokwaraure kindred, he descending from Okonkwo and therefore in essence had no locus standi to sue on behalf of that kindred;

ii. that the plaintiff failed to prove conclusively his traditional evidence because any evidence of long possession built on traditional evidence must also fail since it would be without foundation;

iii. no creditable evidence was led to prove plaintiff’s claim to title by acts of ownership;

iv. trial court did not properly evaluate the evidence relating: to the traditional boundary between Ohiala and Urualla.”

The plaintiffs as appellants in this court, on the line of their grounds of appeal, formulated the following issues for determination:-

i. Whether the plaintiff proved his locus standi to sue to respect of land which, on the evidence, belongs to the descendants of Okorokwaraure.