Richard Ezeanya & Ors V. Gabriel Okeke & Ors (1995)

LAWGLOBAL HUB Lead Judgment Report

IGUH, J.S.C.

In the High Court of former Anambra State of Nigeria, the plaintiffs, who are now the respondents, for themselves and on behalf of the members of Uhudike family instituted an action against the appellants, who therein were the defendants, for themselves and on behalf of the members of Ezeanya family claiming jointly and severally as follows-

“1. A declaration that the plaintiffs are the owners of the piece and parcel of land otherwise known as and called “Ana Okenwe” situate at Nnokwa, the annual value of which is ten pounds.

2. An order of the court for the plaintiffs to redeem the said land from the defendants .
3. Possession of the said land.”

Pleadings were ordered in the suit and were duly settled, filed and exchanged. The case accordingly proceeded to trial and the parties testified on their own behalf and called witnesses.

It is, perhaps, convenient at this stage to set out briefly the back-ground facts to the dispute between the parties.

The plaintiffs’ case is that the land in dispute is known as and called “Ana Okenwe” and is situate at Nnokwa town. The boundaries thereof are more particularly delineated in their survey Plan No. EC.9/73 tendered at the hearing as Exhibit A. The land was originally the property of one Okenwe, a member of their family, who died without a surviving male issue. As representatives of the Uhudike family to which Okenwe belonged, the plaintiffs claimed that they inherited all his property in accordance with their native law and custom.

It is not in dispute that the land in issue originally belonged to Okenwe. From the pleadings of the parties and the evidence before the trial court, it is common ground that the original ownership of the land was in Okenwe. The real issue between the parties is that whilst the plaintiffs claimed that the land was “pledged” by Okenwe to the defendants’ ancestor, called Ezeanya, the defendants contended that the said Okenwe “gave” or “surrendered” the land in dispute to Ezeanya but that following the traditional ceremony of the slaughtering of a goat or goats in respect of the land by Ezeanya as sanctioned and endorsed by the elders and people of Nnokwa, the land in accordance with established native law and custom of Nnokwa people became the outright property of Ezeanya. The defence case is that the ceremony of the traditional slaughtering of a goat or goats in respect of land at Nnokwa, such as the land Okenwe gave to Ezeanya, symbolises that such land has undergone customary caputis demunitio and acquired the status of irredeemability under the customary law of Nnokwa. Accordingly the land thereafter became the property of Ezeanya in perpetuity.

The story of the alleged pledge as presented by the plaintiffs is that one of the two sons of Okenwe, Ekwebelu, stole yams from one Okeke Ezekwemba of Abor family, Nnokwa. It is common ground that yam stealing in Nnokwa was not only a grave crime but that it also constituted an abomination under Nnokwa customary law. The offender was called upon to perform propitiation rites to appease the gods. If he refused to do so, he was, in the words of Anselm Ezeugo, the 3rd plaintiff, “either ostracised or sold into slavery or even killed.” Accordingly Ekwebelu was taken to “chukwu”, an oracle, to clear himself but never returned. The 3rd plaintiff claimed that Ekwebelu was sold into slavery under the pre that he was being taken to “chukwu”. According to him, Ezeanya had taken Ekwebelu “on bail” before the sojourn to “chukwu”. As Ekwebelu did not return, Ezeanya’s bond was estreated and Nilokwa people imposed on him a penalty of 9 bags of cowries, a goat, chicken, 9 yams and 9 kola nuts.

On the other hand, P.W.1, Philip Ibezi’ s version of the said penalty was that as Ekwebelu did not return from “chukwu”, Okenwe was called upon by Nnokwa elders to appease the gods with the items above enumerated for his son being thereby confirmed or declared a thief by the oracle. As Okenwe could not pay the penalty, Ezeanya stood surety for him. Okenwe continued to reimburse Ezeanya until it appeared two bags of cowries remained outstanding. Okenwe could not produce this outstanding balance of two bags of cowries and in consequence fled Nnokwa with his only surviving son to a neighbouring town, Nnobi for shelter. His said son later died without an issue. Ezeanya brought the matter to the people of Nnokwa who decreed that he should take the lands of Okenwe until Okenwe’s family repaid the two bags of cowries.

The defendants, on the other hand, presented an entirely different story with regard to the transaction in respect of the land. According to them, Okenwe had three sons. The 1st son, Ekwebelu was sold because he stole yams in Nnokwa. His remaining two sons, Onyeguili and Mmuodozie also stole yams from the compounds of Ezenwali and Okeke Egwuonwu respectively. As they were both brought before Nnokwa people, Okenwe pleaded with Ezeanya to stand surety for his said two sons so that they might not be sold into slavery or killed. Ezeanya agreed and the two sons of Okenwe were released on bail, Ezeanya further gave Okenwe at the latter’s request the sum of five pounds with some yams. In return, Okenwe surrendered or gave his land with the economic trees thereon to Ezeanya. Not long afterwards, Okenwe fled with his sons to Nnobi.

Following this development, the people of Nnokwa held Ezeanya whose bond was estreated and he was ordered to pay the prescribed penalties to redeem himself. It cost Ezeanya seven cows and the sale into slavery of 3 of his daughters to pay the said penalties. Thereafter, Nnokwa elders endorsed the surrender of land earlier made by Okenwe to Ezeanya. Ezeanya was also made to slaughter a goat in respect of the land in accordance with the tradition and usages of Nnokwa people. The defendants asserted that by the native law and custom of the people of Nnokwa, the traditional slaughtering of a goat or goats in respect of such land transaction at Nnokwa confirms the irredeemability of the land so given or surrendered.

One vital point which must be stressed is that whereas, according to the plaintiffs, it was Nnokwa people who customarily gave Okenwe’s land on “pledge” to Ezeanya as Okenwe had then fled to Nnobi, the defendants’ case is that it was Okenwe himself who ‘surrendered or gave his land to Ezeanya before he fled to Nnobi as aforesaid.

I think it ought to be mentioned that both parties in their pleadings pleaded the Nnobi Native Court case No. 171/1928. The proceedings and judgment in that case were tendered by the defendants at the hearing as Exhibit C. Exhibit C is a criminal action brought by one Ogbannuegwu of the plaintiffs’ family against. David Onyido, Okeke Ilobi and Igwediobi, all of the defendants’ family for assault and conduct likely to cause, a breach of the peace by felling by force, the complainant’s iroko tree without his permission. It is not in dispute that the Iroko tree in question was within the piece or parcel of land now in dispute.

The Nnobi Native Court in its judgment held as follows:-