Odoemena Nwaigwe & Ors V. Eze Edwin Okere & Anor (2008)

LAWGLOBAL HUB Lead Judgment Report

WALTER SAMUEL NKANU ONNOGHEN, J.S.C.

This is on appeal against the judgment of the Court of Appeal holden at Port Harcourt in appeal No. CA/PH/17/94 delivered on the 29th day of November, 2007 in which the court allowed the appeal of the appellants (now respondents) against the judgment of the Imo State Customary Court of Appeal. holden at Owerri in appeal No. CCA/ON/76/91 delivered on the 18th day of February, 1992 allowing the appeal of the appellant against the decision of the Customary Court of Okpala in suit No. CC/0/75/88 delivered on the 3151 day of December 1990.

By a writ of summons filed at the Imo State Customary Court holden at Okpala, the plaintiffs claimed the following reliefs against” the present appellants.

“1. A declaration that the plaintiffs (as expressed and in capacity) are the owners in accordance with the native law and custom of Umuogba Eziama in Okpala (and subject to the Land Use Decree) of the following parcels of farmland:-

(a) Okwa-Achara

(b) Okwu – Icha

(c) Okwu – Ogwugwu

(d) Udi – Alaukwu and

(e) Okwara Ishi Obibi

All of which are situate at Umuogba Eziama Okpala within the jurisdiction of the court.

2. Injunction restraining the defendants from interfering in any manner whatsoever with the plaintiffs right of ownership or possession of the said lands and in particular restraining the defendants from clearing and farming on Okwu Ogwugwu land which is due for farming by the plaintiffs this year.”

At the end of the trial the customary court entered judgment in favour of the plaintiffs (now respondents) in the following terms:-

“From the foregoing, court upholds the claims of the plaintiffs on the ground that all they said were testified by one of the Defendants – AKALABU NWAIGWE. This is so because a house divided against itself cannot stand. So it is in the case of Umujuju family among whom are 1st Defendant, Ozoomena (sic) Nwaigwe and PW2 – Akalabu Nwaigwe who are in opposite camps over the ownership of the 5 parcels of land in dispute. Court therefore, declares to plaintiffs the customary right of occupancy exclusively on the 5 parcels of land in dispute as owned by them the Umuoheta from origin. Court limits the present Umujuju under the headship of Odeomena Nwaigwe to Uzo Umujuju land only which bear Umujuju name from a long time history…”

The defendants, appellants in this Court, were dissatisfied with the above judgment and consequently appealed to the Customary Court of Appeal, holden at Owerri in the appeal earlier mentioned in this judgment on the omnibus ground of appeal complaining therein that”the decision was altogether unwarranted, unreasonable and cannot be supported having regard to the evidence on record.”

The Customary Court of Appeal later granted the appellants leave to file and argue additional grounds of appeal, which were duly filed and argued at the end of which the court allowed the appeal and set aside the judgment of the Customary Court, Okpala and dismissed the c1ailms of the plaintiffs.