Jerome Anele & Ors. V. Nwachukwu Njoku & Ors. (2013)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

MOJEED ADEKUNLE OWOADE, J.C.A. (Delivering the Leading Judgment)

This is an appeal against the judgment of S.A. Okoroafor J. in consolidated Suit No. HME/37/82 and HME/66/82 delivered on 15/5/90.

The land dispute between the people of Umukara of Izinomi Uboma and the Umuchiaku of Lowa Uboma had been on before the Nigerian Civil War which took place between 1966 – 1970.

The various existing actions by the Umukara culminated into Suit No. HME/37/82, where the people of Umukara sued the Umuchiaku over a long stretch of land containing a Northern and Southern portion or two pieces of land separated by the Dimeke stream known as “ALA ISIORIE UMUKARA” and “ALA OCHA or ALA OCHA UMUKARA”

The relevant pleadings for Suit No. HME/37/82 are the further Amended Statement of Claim dated 14/11/1983 and filed on 18/11/1983 and the Amended Statement of Defence dated 29/11/77 and filed on 4/2/77.

The Umuchiaku people by Suit No. HME/66/82 also claimed for declaration trespass and injunction from the Umukara over the same stretch or pieces of land, but which they now called “Alike Umuchiaku” and “Alaocha Umuchiaku” respectively.

The relevant pleadings for Suit No. HME/66/82 are the Amended Statement of Claim dated 28/2/1984 and the Amended Statement of Defence dated 30/10/1983.

The two Suits were consolidated with the plaintiffs in Suit No. HME/37/82 that is Umukara as plaintiffs and the plaintiffs in Suit No. HME/66/82 that is Umuchiaku as Defendants. From the pleadings, the plaintiffs traced their genealogy over the land in dispute to their ancestor Ukara, through Chebe to Oriaku and Ekezie whereby they had exercised various acts of ownership and possession.

They also made reference to settlement or arbitration between the parties on two occasions. The first was decided in their favour. And the second also turned in their favour because the defendants (Umuchiaku) did not produce “Juju” for ten members of the plaintiff’s family to swear on the appointed date. The plaintiffs pleaded on account of the said arbitration that the defendants are estopped from claiming the land.

The defendant’s case is that the land in dispute was founded from time immemorial by their ancestor – Chiaku. That Chiaku as well as Akara, the ancestor of the plaintiffs descended from one Okatta. That while Chiaku founded the land (including the land now in dispute) Akara, founded his own settlement to the North-East of the land in dispute, where the main homesteads of the plaintiffs family of Umukara are still found till this day.

The defendants traced their title to the time of Chief Ekere who on account of Christianity granted plaintiffs Ekezie a portion of land in “Alaocha Umuchiaku”. That all the plaintiffs trace their residence at “Alaocha Umuchiaku of Chief Ekere for easy attendance at CMS Church Umuchiaku.

The defendants pleaded further that the Divisional Officer and the Chairman of the Okatta Community Council could not resolve the dispute due to the intransigence of the plaintiffs family of Umukara who rather turned round to sue the defendants in Okigwe.

The 1st plaintiff Onuoha Njoku testified and called four(4) other witnesses. The defendants called three (witnesses) in support of their case.

At the close of the case and Addresses by counsel, the learned trial Judge gave a considered judgment contained from pages 197 – 206 of the record.