Raphael Ejezie & Anor V Christopher Anuwu & Ors (2008)

LAWGLOBAL HUB Lead Judgment Report

OGUNTADE, J.S.C

This is an interlocutory appeal arising out of a suit which was commenced 32 years ago on 14-4-76. Remarkably, when on 17-4-96, the trial court gave the ruling which is the foundation of this appeal, the trial of the suit to conclusion had been aborted a few times. The plaintiffs, who brought the suit had been locked in a bitter dispute as to who of them should pursue the suit as representatives of their Umudike Family.

At the commencement of the suit, six persons initiated the suit as plaintiffs for and on behalf of Umudike family of Uzoakwa Ihiala against 13 persons who were sued as the representatives of Umumeri family of lhiala. The plaintiffs claimed the ownership of a parcel of land known as “Okpuno Dike Ezeala: They claimed for declaration of title, N5,000.00 damages for trespass and injunction restraining the defendants from committing further acts of trespass on the land.

The defendants denied that the plaintiffs were the owners of the land. They claimed to be the owners of the land.

Problem arose on 6/2/96 when four persons claiming to be members of the plaintiffs’ family brought an application praying to be admitted into the proceedings as representatives of the Umudike Family in substitution for the original 1st, 2nd, 3rd and 6th plaintiffs who were said to have expressed an intention not to participate further in the proceedings as the representatives of the Plaintiffs’ Umudike Family.

Paragraphs 2 to 4 of the affidavit sworn to by one of the applicants are eye-opening and read thus:

“2. That I am one of the persons represented in the above suit by the named plaintiffs – respondents.

3. That Christopher Anuwu, Dennis Ohanehi, Joseph Okeyika and James Anozie, the 1st, 2nd, 3rd, and 6th plaintiffs-respondents have now expressed their intention not to participate further in the prosecution of this suit.
4. that I and the other applicants and the other members of Umudike Family of Uzoakwa, Ihiala including the 4th and 5th plaintiffs-respondents are determined to prosecute the above suit to its just determination.
5. That exhibited hereto and marked Exhibit’ A’ is a certified true copy of the resolution of members of Umudike Family of Uzoakwa to pursue and prosecute the above suit to its final and just determination.
6. That I and the other applicants were selected by members of Umudike Family of Uzoakwa to make this application to enable us join the 4th and 5th plaintiffs\respondents in prosecuting the above suit.”

The three other applicants swore to affidavits similar to the above. It is apparent that the applicants applying to be admitted as plaintiffs wished to join the original 4th and 5th plaintiffs in order to prosecute the suit. The four plaintiffs sought to be replaced by the applicants resisted the attempt to remove them. Each of them deposed to an affidavit. Paragraphs 10 to 13 of the affidavit of Christopher Anuwu which would appear to represent the views of the other three plaintiffs read:

“10. That the Honourable Court take judicial notice of the ‘Resolutions of Umudike family meeting at a General Assembly on September 10, 1994 already before this Court.

(a) Chief Christopher Anuwu

(b) Chief Joseph Okeyika

(c) Chief James Anozie Mbonu

(d) Mr. Dennis Ohanehi

to continue to represent us in this Suit No. HN/12176.