CaseLaw
Okafor V. Obiwo (1978) CLR 10(a) (SC)
Judgement delivered on October 26th 1978
Brief
Facts
Judgment was on the 30th day of March, 1965 given in the proceedings which started as HU/10/62, in favour of the plaintiff (the respondents herein) by the High Court of the former Eastern Nigeria (now, Imo State of Nigeria) holden at Umuahia [Allagoa, J. (as he then was)] for:
The respondents herein claimed from the High Court aforesaid against the ap-pellants herein orders for declaration of title to the land known as "Ubakwu Ukpo" (hereinafter called the land in dispute) £300 (i.e. N600) as special and general damageral damages for trespass by the appellants on the land in dispute and, for perpetual injunction.
As appears from their pleadings the case for the respondents may be thus sum-marised: The land in dispute is part of an entire area of "Ukpo lands" "absolutely owned" by their ancestor - Ukpo - who was the first person to settle on these lands. Right of ownership of these lands "descended to them" through their forefathers who, as children of Ukpo, had inherited them from him. In the course of years they and before them, their forefather exercised and still exercise rights of owner¬ship of these lands and, in dispute by farming and, cultivating palm plantations thereon and also granting portions thereof to strangers, for purposes of farming, upon payment by them (the strangers aforesaid) of tributes and/or rents; these they did openly but without any interference or hinderance from anyone whomsoever (and in particular, the appellants). In 1940, however, the people of Ndi Ebe in Abam trespassed on the land in dispute and consequently, a member of their com¬munity one Kalu Umo in suit 12/40 brought, on behalf of the respondents against Kalu Irolo (as a representative of the people of Ndi Ebe aforesaid), an action (in the Abam Native Court) in which he successfully claimed a declaration of title to the land in dispute. The respondents claim that, at all stages in the prosecution of this suit and appellants were very much aware of the proceedings aforesaid but neither applied to join in the proceedings nor appealed from the judgment of the native court which was in favour of the respondents. Twenty one years after judg¬ment in the said suit (i.e. No.12/40 aforesaid) in 1961, the appellants trespassed on the land in dispute and for the first time laid claim thereto, damaged and de¬stroyed the respondents' palm trees thereon as well as cut and removed the "palm bunches" on the said trees; when challenged for their acts of vandalism, the ap¬pellants threatened to continue these wantom acts of destruction. Whereupon the respondents commenced these proceedings.
The appellants by their pleadings and in their evidence deny any knowledge of Suit 12/40 aforesaid adding that "in any event any such proceedings are irrelevant" to the present proceedings on the ground, that they are "res inter alios acta". It was their case that their ancestor - one Ebulu - through whom they claim right of ownership of the land in dispute was the founder of the land - which, according to them is, called "Iyiocha" and not "Ubakwu Ukpo". Although they claim to defend the suit on behalf of the Umuhu people of Abam they say that the land in dispute belong to a section of Umuhu people of Abam known as Umuokwe.
The learned trial Judge held in favour of the plaintiffs. The defendants, dissatisfied with this judgment, appealed to the Supreme Court.