CaseLaw
Oguanuhu Vs. Chiegboka (2013) CLR 2(j) (SC)
Judgement delivered on December 15th 2013
Brief
Facts
This is an appeal against the Judgment of Court of Appeal, Enugu Division, delivered on Thursday 13th February 2003. This matter culminating in the further appeal to this Court, has unfortunately a chequered history. This is manifested from the relevant background facts exposed hereunder.
The Respondent herein as Plaintiff first instituted this suit at the Mbamisi Customary Court claiming the following reliefs:
The Mbamisi Customary Court gave Judgment in favour of the Plaintiff but Appellants appealed to the Magistrate Court where the Judgment was reversed in their favour. The High Court then reversed the decision of the Magistrate Court. The Appellant appealed against the Judgment of the High Court to the Court of Appeal, which again decided in favour of the Respondent. The Respondent is therefore successful at the two Lower Courts.
The Appellants dissatisfied with the decision of the Court of Appeal, appealed to this Court.
The Respondent as Plaintiff gave the following testimony. That his father, by the Customary process or method of "Ike ekpe," a form of a "will" made a gift of a piece of land to him. This land once belonged to Ezeabalam, the brother of the Respondent's father. The Respondent fulfilled a condition to the gift by paying to his father’s eldest son – Nwokoye Chiegboka a certain sum of money referred to as “Nnu Afia” The reason was that his father once gave out his eldest son’s daughter in marriage and he kept the bride price all to himself. However, before the gift, Chiegboka had allowed one Enemuo Okoye, to be farming on the land. The Plaintiff duly paid his senior brother the sum of money prescribed by their father – Chiegboka. He tendered Exhibit “A” containing a decision of Amala Isuofia Union on a dispute between the 2nd Defendant and himself relating to the land. He also tendered Exhibit “B” which is the Survey Plan of the land.
The case of the Defendants (Appellants herein) was set out by the 2nd Defendant in his testimony. Under oath, he maintained that Ezenwoke was the ancestor of both parties, Ezenwoke was the lather of Okannaha and Efo. Ezeabalam was the father of Okannaha, Obiefuna, Omenife and Ekwubena, Chiegboka was the Respondent's father Obiefuna begat Chiegboka, Omenife brother) begat Okoye and he (Okoye) begat Oguanuhu (father of the Defendants (Appellants herein). Ekwebene (one of Okannaha’s sons) begat Uzuji. Then the three surviving sons of Okannaha that is Obiefuna, Omenife; and Ekwebena fought over the portion that should have gone to Ezeabalam and same went to Chiegboka. As I have said before it was Chiegboka who offered a gift of the piece of land of Ezeabalam (now in dispute) to the Plaintiff, by the Customary Law Practice or method of “ike ekpe” It was a conditional gift subject to the Respondent herein agreeing to pay a sum of money, described as “Nnu Afia” to Nwoke Chiegboke, the Respondent’s senior brother. The 2nd Defendant (2nd Respondent herein) stated clearly that he was present before the family when the Respondent gave the said sum of money to Nwoke Chiegboka. He maintained however, that Ezeabalam's land given to the Plaintiff was not part of the land in dispute.