Onyema Nwabuekwe V. Nnaemeka Muo (2016)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

TOM SHAIBU YAKUBU, J.C.A.(Delivering the Leading Judgment)

The Anambra State High Court of Justice, holden at Awka, on the 19th December, 2006 in its judgment, per F. C. Nwizu, J., granted a declaration in favour of the respondent to the effect that he is the person solely entitled to the statutory right of occupancy over the landed property of his deceased father – Muo Emezinam Nwokeke, in accordance with the native law and custom of Umuokpu village, Awka on inheritance.

The claim of the respondent who was the plaintiff at the Court below, as represented in the Amended statement of claim, was for:

(a) A declaration of Court that the plaintiffs are the persons solely entitled to the statutory right of occupancy over all the landed property of their late father Muo Emezinam Nwokeke in accordance with the Native law and Custom of Awka on inheritance.

(b) An order of Court for the partitioning or dividing of the yet un-partitioned Late Ozo Nwokeke Elenwe’s lands known as and called “Ana Nwokeke” between the plaintiff and the defendants. The said lands to wit: Ana Ezi Oyibo, Ana iru be Mama, Odo Ugwu Mgboko, Odo Ngwo, Odo Ngwo Nwanja situate at

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Umuokpu Village Awka within the Awka Urban and are shown in the plaintiff’s survey plans filed with this Amended statement of claim excepting the Mgboko and Odo Ngwo lands which are very well known to the parties.

(c) N500,000.00 (Five hundred thousand naira) being damages for trespass against the defendants jointly and or severally over all the said lands in plaintiffs possession and ownership.

(d) A perpetual injunction restraining the defendants, their servants, agents and privies from trespassing upon or interfering with the plaintiffs possessory rights and ownership over all late Muo Nwokeke’s already partitioned pieces or parcels of lands situate at Umuokpu village Awka within jurisdiction.

The appellant denied the claim and filed his defence thereto. The resume of the respondent’s case was that:

i. Nrachi custom which empowers a man who has no male child to retain one of his daughters in the man’s house to bear male child for the man and the male child born to inherit the man’s property operates in Umuokpu Awka.

ii. The Respondent was a product of the Nrachi custom and did inherit the property of late Muo Emezinam Nwokeke who

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did not have a male child but retained his daughter (Angelina Nwuyanwoke Muo) to beget the Respondent for Muo Emezinam.