Otuaha Akpapuna & Ors Vs Obi Nzeka Ii &ors (1986)

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IRIKEFE JSC. 

The proceedings giving rise to this appeal were commenced by the respondents before this court in the then ASABA-OGWASHI-UKU Judicial Division of the HIGH COURT OF MID-WESTERN STATE (NOW BENDEL) of Nigeria.

The claim reads as follows:– “(a) A declaration that all that piece and parcel of land lying and situate in OBOMKPA, ASABA DIVISION, which land is verged in pink on PLAN NO. LSU 145 filed by the plaintiffs in this case is the property of the plaintiffs’ people of OBOMKPA.

(b) The sum of £10,000 (ten thousand pounds) being general and special damages for trespass in that the defendants, their servants and or agents, on or about the 23rd December, 1970 broke into the land, cleared a portion of it and deposited a juju pot thereon, thereby desecrating plaintiffs’ ancestral shrine, which the plaintiffs had to reactivate at great expense – (then follows particulars of special damages). (c) An injunction restraining the defendants, their servants and or agents and each of them from further acts of trespass upon the said land.”  

The action was prosecuted throughout by the respondents as representatives of the Obomkpa Town of the then Asaba Division and defended also in a representative capacity by the appellants on behalf of Idumuokakwu quarter of Ukwunzu Town.   In their last amended statement of claim the respondents (plaintiffs in the court of first instance) averred inter alia as follows:-

“1. The plaintiffs are people of OBOMKPA Town in ASABA DIVI-SION and bring this action for themselves and on behalf of the people of their town. 1A. Both OBOMKPA TOWN and UKWUNZU TOWN are clearly shown and marked in (i) 3rd Edition of Mid-Western Nigeria Map No. 1000/2/7-71 of 1971; (ii) ASABA and IKA DIVISIONS Map of 1966; (iii) ISHAN DIVISION Map No. 1000/1/5-71.   2 The defendants are members of Idumuokakw village of UKWUNZU TOWN, ASABA DIVISION and are sued for themselves and on behalf of the people of their village. 3. The land in dispute is situate in OBOMKPA and is known as ‘OJIOKPA’, OFIA OBOMKPA or OFIA IRU AFA. It is more particularly described as to its extent and location and verged PINK on Plan No. LSU 145 filed with the statement of claim.

4. The land in dispute is bounded on the South and South-West by the land of the people of UKWUNZU on the North by plaintiffs’ OWUWU Stream, on the North-West by plaintiffs’ OJIOKPA Stream which has a confluence with MOBO Stream of the people of UKWUNZU, and on the East and South-East by plaintiffs’ peoples land. 5. The plaintiffs inherited a large expanse of land from one ANA GBA, their earliest ancestor who broke the land including the one now in dispute as a virgin forest. 6. Anagba was a member of the family of one Chima who was a Chief under an Oba of the old Benin Kingdom.

Chima angered the Oba who thereupon ordered his warriors to get Chima, remove his staff of office (Ufie) from him and if necessary kill him in the process. Chima got wind of this plan and escaped with his whole household and supporters. 7. Among those who escaped with Chima were Onicha, Ado, Adago, Chaeze, Anagba, Ifite, Ukpali Oligbo, Gbuwalo, Esigie, Alimini Ugo.  

PAGE| 2   8. Chima and his train after a long travel settled at a place near the present Onicha-Ugbo in Asaba Division, and subsequently as the pursuit on them heated up they spread to found some of the towns now known as UMUEZECHIMA in ASABA DIVISION. 9. There are now nine towns in Umuezechima also called Ezechima Clan viz: Obior, Onicha-Ugbo, Issele-Uku, Onicha-Ukwu, Obomkpa, Ezi, Onicha-Olona, Issele-Mkpitima and Issele-Anagba. 10. Ado and Chaeze were strong men of war to whom aged and tired Chima entrusted the staff of office for safe custody. Anagba was a famous medicine man who was to direct the flight with his magical powers. 11. At a place now called Onicha-Ukwu Chima’s people made a sacrifice to confuse their pursuers who in fact withdrew for a long time.

12. The flight had to continue however and Anagba through his constant consultation on his AFA (oracle) directed his people (who could continue the flight) through the land now known as Obomkpa at which place his wife gave birth to a child. Anagba left a small party to take care of his wife and child having made sure from his oracle that the place was to be his permanent home.

13. Anagba directed the remainder of the party, headed by Ado, Chaeze and Ifite, through to the town now called Ezi where a child was born to Ifite. Ifite remained there. 14. Anagba having made sure that Ado and Chaeze were on the right track, and that the Ufie of Chima was therefore safe, retraced his step to his family at Obomkpa. Ado and Chaeze continued through the place now caled UKWUNZU, ILLAH to the present Onitsha in East Central State. Onitsha is also known as Onitsha Ado. 15. Anagba traversed a large expanse of land including the area now in dispute, and planted several protective jujus thereon. By his magical powers he controlled the flow of several streams on the said land thereby making the land the safer for habitation.

16. The land traversed by Anagba (including the place now known as UBULUBU) extended to EMULE and also UKPEI (OHORDUA) which is across OJIOKPA Stream. 17. When the warriors of the Oba of Benin withdrew, they returned to the Oba to report that Chima’s people had fled beyond capture, but the Oba did not accept the story. He instead took it as a challenge to his might and ordered reinforcement from various sections of his kingdom, including some of those who had returned who would then act as guide to the fresh recruits.

18. A fresh search for Chima’s people followed, but the would-be assailants, after a long travel, arrived within the present Asaba Division as friends. They had camped near the present Idumuje–Unor and Ugbodu. 19. It was during the reign of Obi Ngwuagiliga of Obomkpa that one IKOGWUDA and a few men came to Obomkpa. They introduced themselves as friends and after a few days, left and settled at a place now known as ODO village, UKWUNZU, which is the foundation of UKWUNZU town. 20. Several Obis have reigned in Obomkpa since the time of Anagba, among whom was Obi Obome. 21. During the reign of Obi Obome, a strong hunter named UWAGBOI OMEZI came to Obomkpa with a few followers and begged Obi Obome to allow them to settle on his Obi’s land.

Obome granted this request and asked his son Uya to show Uwagboi a site. Uya showed Uwagboi a place in Obome’s farm. 22. Uwagboi and his followers later left to stay at a place called Ogodor far away on the way to EBU, but some of these followers returned to Obomkpa and resettled in the old farm spot. This settlement which was referred to by the then Obomkpa people as UGBOBA (father’s farm) grew to become one of the four villages that make up Obomkpa town. The whole town had a common Obi and did things in common. 23.