Luke Udemba V. Charles Nwabueze (2016)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

IGNATIUS IGWE AGUBE, J.C.A. (Delivering the Leading Judgment)

In the Customary Court of Imo State of Nigeria, in the Oguta Judicial District, Holden of Kalabari Beach, Oguta II, the Respondent along with others (now deceased) sued the Appellant and two others (now deceased) claiming the following Reliefs:

“1. Declaration that the Plaintiffs are entitled to the Customary Right of Occupancy over the piece and parcel of land known as and called “OBUJI” situate of Umuakpa Village of Orsu-Obodo within the jurisdiction of the Court.

“2. Five Hundred Naira being general damages for trespass.

“3. Perpetual injunction restraining the Defendants, agents, servants, and or his workers from entry into the land.”

The Appellants as Counter-Claimants on their part also sued and sought for the following Reliefs from the Plaintiffs/Respondents:

“1. A Declaration that the Plaintiffs are entitled to the Customary Right of Occupancy over the parcel or piece of land known as and called Obuji Farm land lying and situating in Orsu-Obodo.

“2. (N5,000.00) Five Thousand Naira being general damages for trespass.

“3. Perpetual

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injunction restraining the Defendants, servants agents, and or privies from further trespass into the said land.”

On the 9th day of October, 1998 the two Suits CC/OG/41/97 and CC/OG/36/1998 were consolidated after the respective parties had pleaded not liable to each other’s Claim. Accordingly, the Trial Customary Court ordered that the Plaintiffs in CC/OG/41/97 become the Plaintiffs while the Plaintiffs in CC/OG/36/98 become the Defendants – Jobi Nwadiozor & Ors V. Ndupu Onumonu & Ors.

At the hearing of the Consolidated Suits the Plaintiffs/Respondents called 4 (Four) witnesses in proof of their case while the Defendants called 3 (Three) witnesses in their Defence. At the close of each parties’ case, their respective Learned Counsel filed and adopted their Written Addresses in support of their disparate positions of the conclusion of which the Learned Trial Customary Court found at pages 51 lines 11-20 to page 52 lines 1 -23 of the Records as follows:

COURT FINDING: Court is satisfied that the parties are from Orsu-Obodo though neither of the same kindred nor of the same village. The name of the land in dispute is Obuji land