William Akaose & Ors V. Onyebuchi Okoye & Ors (2016)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

TOM SHAIBU YAKUBU, J.C.A. (Delivering the Leading Judgment)

This appeal is against the judgment of the Anambra State High Court of Justice, holden at Onitsha, which was delivered on 22nd April, 2010. The respondents had claimed a declaratory and injunctive reliefs cum damages for trespass with respect to the parcel of land called Offia Ulasi situate in Adagbe Abomimi Village, Enugwu-Ukwu, against the appellants.

The latter also counter-claimed wherein they equally sought a declaration of title to the same parcel of land, an injunctive relief and damages for trespass against the respondents. The parties filed and exchanged their respective pleadings and effectively joined issues as to the ownership of the land in dispute.

?The background facts of the case as gleaned from the pleadings of the respondents are that:

(i) The land in dispute is called Offia Ulasi and belong to the respondents Adagbe Abomimi sub-village of Abomimi village, Enugwu-Ukwu, Enu Abomimi the second sub village making up Abomimi has no interest in the Offia Ulasi land.

(ii) There is a shrine (juju on the land in dispute called Ulasi belonging to the

respondents Adagbe Abomimi people. The priest of the Ulasi juju from time immemorial come from the Umunnebocha family of the respondents Adagbe Abomimi people.

(iii) Offia Ulasi is a sacred bush because it was dedicated to the Ulasi shrine situated there. The forest/bush was never cleared/farmed on by anyone and none was permitted to cut any of the mighty trees on the land except that the whole community sometimes go into the bush to cut selected oghulu trees for making seats for the village square.

(iv) The Ulasi juju was instituted by the ancestors of the respondents since time immemorial. There is a lake close to the Ulasi forest called Ezu Ulasi.

(v) The priests of the Ulasi shrine in recent time were Avuka, Ikechukwu Ezisi, and lastly Nwankwo Okpo who was the priest at the time the cause of action arose.

(vi) The appellants (defendants) are called Uruatuora/Umuatuora. Umuatuora is made of the descendants of Elimma Akupa, a woman that emigrated and settled at Adagbe Abomimi from Ozala town and the descendants of another woman, Nwakujima from Adani that came to Adagbe Abomimi in 1917 and threw herself and 3 sons under the

protection of the Ngene Olioba idol. She and her sons merged themselves with Uruatuora and became one with them. The sons of Nwakujima included Akoseh.

(vii) Elimma Akupe begat Atu/Atuora who begat Okeke and Oligbo. Atu was made the priest of Ngene Oliobu shrine by the Adagbe Abomimi to give him a means of livelihood. On the death of Atuora his son Okeke took over the priesthood of Ngene Oliobu. On the death of Okeke, Akose seized the priesthood of Ngene Oliobu. During his reign as priest of Ngene Oliobu, Akose made attempt to acquire Offiah Ulasi of the respondents but was stopped by the respondents.

(viii) There are other shrines like Udo Ulasi, Ogwugwu Ulasi and Ebe Udo Ulasi all belonging to the respondents at Offiah Ulasi. The priests of these idols are from the respondents family.