The whole palaver is about a parcel of land within the Wopara Compound in Rumuobiakani, Obio. The land in dispute is shown verged green in the plaintiffs’ survey plan No. FO.18/81 prepared by Mr. J. O. Olugbemi a licensed surveyor.

According to the plaintiffs, they as well as the defendant (Wamadi N. Ejilemele) are or were some members of the Wopara family of Rumuobiakani Obio. The head of the family is or was Chief C.O. E. Wopara-Eze Izi Agwu I, while Chief Joseph Ejilemele was or is the family Owhor holder.

The second named plaintiff (Mrs Mercy E. Opara) is the widow of Oke Ejilemele. Oke Ejilemele died in the course of the Nigerian Civil War. He was survived by the widow and their children.

It is part of the case of the plaintiffs on the pleadings that the head of the Wopara family, Chief C.O.E. Wopara and the family Owhor holder Chief Joseph Ejilemele had allocated or allocated to both Ejilemele and Belema H.E. Opara (1st plaintiff) the land in dispute. Both allottees went into possession thereafter. Oke Ejilemele first put up a dwelling house on the land allocated to them before ever the defendant (Wamadi N. Ejilemele) built his own house to the left of Oke Ejilemele’s house, but outside of the land in dispute.

In the exercise of their right as “owners” of the land allotted to them, Oke Ejilemele and H.E. Opara allowed a portion of the land in dispute to rent paying Ogoni palm-wine tapers to occupy. On the other portions of the land, Oke Ejilemele and Belema H.E. Opara cultivated some food crops, e.g. plantain, banana, cassava, oranges etc.

In 1965, Oke Ejilemele and the 1st plaintiff allowed to one Ogonda Ejilemele a portion of the land in dispute to build a small eating-house following a request by Chief C.O.E Wopara on the behalf of Ogonda Ejilemele.

On the death of Oke Ejilemele, he was buried and a tombstone was erected on the land in dispute in his memory. And that was without any interference by any persons including the defendant. The second plaintiff has since laid a building foundation on the land for a concrete house.

The trouble started in 1971. According to the plaintiffs, after the death of Oke Ejilemele, one I.W. Wopara in 1971 broke into the land in dispute to build a house. The 1st plaintiff chased him and his workmen out of the land. He even seized their work tools and materials. Mr. I.W. Wopara returned to the land accompanied by some policemen and soldiers. The 1st plaintiff was beaten up thoroughly by these policemen and soldiers and detained. Mr. Wopara was thus enabled to continue with this building operation on the land during the 1st plaintiff’s detention. As if that was not enough, the plaintiffs allege that the police later searched the house of the 1st plaintiff and charged him to court with the offence of stealing the materials found in his house. While the 1st plaintiff was facing his prosecution in court, the building was progressing and reached a completion stage.

The defendant, as the plaintiffs alleged, came into the land in dispute to build a house without their (plaintiff’s) consent, while the plaintiffs were away from home. While on the land, the defendant committed other acts of trespass. He uprooted the plaintiffs’ crops on the land. The 1st plaintiff, on his return, reported the trespass by the defendant of the elders to the Wopara family. They denied they authorised the defendant to enter into the land in dispute.

There does not appear to be much common ground between the parties on their pleadings. Substantially, the case of the defendant on the pleadings is parallel to the plaintiffs’. While the defendant admitted that the Belema H.E. Opara is or was a member of their Opara family (otherwise known also as Rumuenolu family (he alleged that Oke Ejilemele (the deceased husband of the 2nd plaintiff) was what is called in Ikwerre native law and custom an “Nnworimene” to the Wopara family. By their custom the deceased husband to the 2nd plaintiff in his lifetime could not claim and could not be allotted any land in the Wopara family or be buried on his death on the Wopara family land.

It was admitted, however, by the defendant in his pleading that Chief Joseph Ejilemele was or is the head of the family. It was part of the defendant’s case on pleadings that the land in dispute is as shown and reflected in the defendant’s survey plan No. Ok 401 prepared by Mr. O.K. Ishola, a licensed surveyor. The defendant lays a claim to the land in dispute. The land in dispute was allotted to him in 1958. The head of the family together with the elders of the family made the allotment to him (defendant). As paragraph 5 of the defence, pleaded, inter alia: -

"The entire areas shown verged red on plan No. 401 including the area abutting therefrom unto and up to Port Harcourt-Aba Road was in 1958 allotted to the defendant by the family head and elders of the Rumucholu family of Rumuobiakani…. In accordance with Ikwerre native law and custom after presentation of the customary gifts. The first plaintiff was at the time a student at St. Paul’s Teacher Training College in Jos under defendant’s sponsorship.”

According to the defendant on the pleadings, after the allocation had been made to him, he went into possession of the land in dispute and, in exercise of his right, he developed parts of the land by building some houses thereon. One house he built in 1958 and the other in 1974. There are shown on the survey plan marked as “A” and “B” respectively. The other parts of the land, according to the defendant, he cultivated with some economic and decorative trees e.g. plantains, pears, raffia palm and izora. He allowed other persons including the 2nd plaintiff and some Ogoni men to erect temporary structures on the land in dispute. He it was, who gave Ogonda Ejilemele the permission in 1966 to build an eating-house on the land. According to the defendant, the tombstone erected on the land in dispute in the memory of the deceased Oke Ejilemele was erected while he (defendant) was in Elele in the course of his employment and without his consent or knowledge. He, however, protested later but “was compelled against taking action as a result of the intervention of Chief Joseph Wopara and Nnanta Wopara on the ground that late Oke’s body was in fact not buried anywhere on the said land.”

When in 1980 the 2nd plaintiff dug a building foundation on the land in dispute, the defendant, as he pleaded, caused warning letters to be written to her through a solicitor.

In a reserved and well considered judgment the learned trial Judge acceded to the prayers of the plaintiffs. He found for them. In reaching his decision, this was how he expressed himself in pages 108/109 of the record:

“Judgment is hereby entered therefore for the plaintiffs as follows: -