Onyejekwe V Onyejekwe (1999)

LAWGLOBAL HUB Lead Judgment Report

MOHAMMED, J.S.C.

The appellants were defendants before the Onitsha High Court. The respondents who were the plaintiffs at the trial court instituted this action and claimed against the appellants for equitable distribution or sharing of 18 plots of family land known as “Owoelebo” which plots of land were allocated to Orowa family by the Umueze Aroli community.

The 18 plots which were granted to Orowa family were part of,the Owelebo land which the Umueze Aroli community won in a land dispute with Isiokwe village. The 1st, 2nd and 3rd respondents, in this appeal, had contributed to the levy imposed on all members of Umueze Aroli families for the Owelebo land litigation. It was after the final litigation which went in favour of Umueze Aroli families that the 18 plots from the disputed land were allocated to the Orowa family.

The appellants were committee members of Orowa family union and were charged with the sharing of the 18 plots allocated to the family. In the statement of claim the respondents pleaded further as follows:-

“6. There are principally 10 sub-families in Orowa family. And they are:-

(a) The family of late Michael Agbakoba

(b) The family of late Joseph Agbakoba

(c) The family of late George Irekwu

(d) The family of late Akunne Akosa

(e) The family of late Nnaka Onyejekwe

(f) The family of late Tigbilo Onyejekwe

(g) The family of Omekasi Onyejekwe

(h) The family of late Akunwafor Onyejekwe

(i) The family of late Igwe Onyejekwe