Samuel Iheanacho & Anor V. Emmanuel Iwuamadi & Anor (2013)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

HARUNA SIMON TSAMMANI, J.C.A (Delivering the Leading Judgment)

This appeal is against the judgment of the Imo State Customary Court of Appeal sitting at Owerri delivered on the 30th day of September, 2009.

The Appellants herein, were the Defendants before the Customary Court, Eziama in Ikeduru Local Government Area, while the Respondents herein where by order of the said trial Customary Court, the Plaintiffs. The parties had filed separate suits before the trial Customary Court in respect of the subject matter of the action.

The Respondents’ action before the trial customary court which was dated the 14/05/2001 had Suit No. CC/EZ/IK/23/2001, while the Appellants’ action which was dated the 2nd day of November, 2002 and filed the 19/12/2002 had Suit No. CC/EZ/IK/51/2002.

The Respondents’ claim before the trial Customary Court was therefore earlier in time. By the said action, the Respondents claimed as follows:

“The Plaintiffs claim against the Defendants as follows:

(1) A declaration that the lands known as and called:-

(a) Ala Uhu Nwaokoro,

(b) Ala Uhuama,

(c) Ala Umuokpuala,

(d) Ala Isi Ogboachara,

lying and situate at Okpuala Iho Dimeze in the Ikeduru Local Government area within jurisdiction are the joint property of the entire UMUNWAYI DOMEONU, UMU IWUAMADI and UMU NWAODU families.

(2) An order that the said landed property that is to say a-d ALAUHU NWAOKORO ALA UHUAMA, ALA UMUOKPUATA and ALA ISI OGBOACHARA be completely partitioned among the aforesaid families.”

The Appellants in Suit No. CC/EZ/IK/51/2002 on the other hand claimed as follows: