Onyema Oke & Ors V Amos Eke & Ors (1982)

LawGlobal-Hub Lead Judgment Report

G. IRIKEFE, J.S.C. 

The parties in this action are the representatives of three neighbouring village-communities of MBAEZI MBALA, UMUOBASI MBALA AND UMUHU UMUAKU. There are thus two distinct sets of defendants, namely UMUOBASI MBALA AND UMUHU UMUAKU.

The plaint reads:-

“The plaintiffs claim against the defendants jointly and severally as follows:-

(1) A declaration of title of that piece of land called “Imeagu-Mbaezi” situate at Mbaezi, Mbala, Isuochi, Okigwe Division of annual rental value of N10.

(2) N1,000 damages for trespass therein.

(3) Perpetual injunction restraining defendants, their servants and agents from further entry or interference with the said “Imeagwu Mbaezi.” ”

Pleadings having been ordered by the court of trial were duly exchanged between the parties.

In support of their case the plaintiffs, hereinafter referred to as the appellants, rested their case on the following averments in their amended Statement of Claim:-

“(1) The plaintiffs are members of the Mbaezi kindred in Mbala Town of Isuochi clan in Okigwe Division and bring this action for themselves and on behalf of the people of Mbaezi kindred aforesaid.

(2) The first set of defendants, Amos Eke, William Okoro, Isaac Ime and Kabaobi Ibeachu are members of Umuobasi kindred also in Mbala Town of Isuochi clan in Okigwe Division and are sued personally and on behalf of the people of Umuobasi kindred aforesaid.

(3) The second set of defendants, Ebo Akpu, Ikeche Ibe, Umealo Nwobu and Uwe Ume are members of Umuhu kindred in Umuaku Town of Isuochi clan in Okigwe Division and are sued personally and on behalf of the people of Umuhu kindred in Umuaku Town of Isuochi clan.

(4) Both Umuobasi and Umuhu are two kindreds that have lands adjoining those of the plaintiffs.

(5) Both Umuobasi and Ubaezi have a common ancestor called CHARAM and the land in dispute is the plaintiffs’ share inherited from the said common ancestor, traditionally and from time immemorial.