Nelson Uzoukwu Nwankwo V. Customary Court Ndiawa, Arondizuogu & Ors. (2009)

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KUDIRAT MOTONMORI OLATOKUNBO KEKERE-EKUN, J.C.A.

This is an appeal against the judgment of the High Court of Imo State, Orlu Judicial Division delivered on 6th December 2005 dismissing the appellant’s application for an order of certiorari to quash the ruling of the Customary Court, Ndiawa, Arondizuogu dated 17th September, 2004.

The 2nd and 3rd respondents herein (and one Christopher Okereke, now deceased), as plaintiffs had instituted an action against the appellant (as defendant) before the Customary Court of Imo State, sitting at Ndiawa Arondizuogu, in the Ideato Local Government Area, for an order directing the defendant to share 8 parcels of land with them according to custom, an order sharing the said parcels of land and injunction. The appellant filed a counter claim seeking a declaration that he was entitled to the customary right of occupancy in respect of the said parcels of land by virtue of inheritance from his father. He also sought an order of injunction against the respondents. At the conclusion of the trial, the Customary Court on 29/6/01 granted the respondents’ claims and dismissed the appellant’s counter claim and made the following orders:

i. “The eight portions of land listed in these particulars of claim by the plaintiffs have not been shared according to custom.

ii. The Court hereby orders the sharing of the said eight pieces of land by the parties according to custom. The lands are to be shared into three respectively.

The defendant is to take two while the plaintiffs take one for, themselves and their brothers.

iii. The defendant is hereby restrained from making use of the said lands, or wasting the economic trees therein by himself, servants, privies or agents until the lands are properly shared.

iv. Under Order IX Rule 1, the defendant is to be compensated for surrendering part of “Ana Ihu Obi”, which rightly belongs to him as Diokpara to the plaintiffs for their residential houses. No order as to cost”.

(See page 20 of the record)

There was no appeal against the judgment. However by a motion on notice dated 10/1/02 but filed on 9/9/02 the respondents herein applied to the Customary Court for:

“An order for the Court to supervise the sharing of the eight parcels of land of late Okereke Ilegbu as contained in the judgment of this Honourable Court delivered on 29/6/01” (See pages 29 – 37 of the record).

The Court granted the order. The respondents not satisfied with the manner in which the sharing was being carried, out, however subsequently filed another application before the same court dated 3/3/04 and filed on 10/3/04 for:

“An order of court to supervise the sharing of the eight parcels of land of late Okereke Ilegbu by the three traditional rulers in Arondizuogu as contained in the judgment of this Honourable Court delivered on 29/6/01.”

(See pages 22 c. 25 of the record).