Compulaw - 1st Indigenous Digital Law Library

Brief

Customary court
Declaration of title
Ownership of land
Concurrent findings of fact

Facts

This is an appeal against the judgment of Ononiba, J, as he then was, sitting as an appellate Judge at the High Court of Justice, Nnewi in Anambra State of Nigeria on 10th July, 1996.

Initially, the suit culminating in this further appeal was filed by the Plaintiff’ Respondent herein at the Customary Court, Mbanesi where he claimed as Follows:-

1
Declaration of title to customary right of occupancy of the land called and known as, ‘Azu Agbo/Okekpiri’ land situating (sic) at Akwuata village Utuh
2
An injunction preventing the defendant, his agents or wards from further entry/trespass into the said land till court gives final verdict to (sic) the suit.
3
(N500.00 (Five hundred Naira) only being general damages done to the economic trees on the said land by the defendant.

At the stated trial Customary Court, parties testified and called other witnesses in support of their respective stand points. The trial Court, on 15-6-90, reviewed the evidence of the parties to the best of its ability, made certain findings of fact in its own fashion and handed out its judgment. It granted the Plaintiff a declaration of Customary Right of occupancy over two parcels of land called ‘Ani Azuagbo’ and ‘Ani Okekepiri’. Though there was no counter-claim by the Defendant, the Trial Court ‘awarded’ to him a parcel of land called ‘mgbuelo Dibia’ said to be in Defendant’s plan.

The Plaintiff was not satisfied with part of the judgment of the trial Court. He appealed to the High Court complaining, inter alia, that the trial Court awarded the Defendant what he did not claim.

The Defendant also cross-appealed. During the pendency of the appeal before the lower Court, the original defendant Peter Ohnobi Okolie died and he was substituted by his son Joel Okolie who is the ‘appellant herein”

The Learned Appellate Judge took high sounding arguments from learned counsel on both sides of the divide. In the reserved judgment handed-out on 10-7-96, the judgment of the Customary Court which awarded the 3rd parcel of land to the Defendant was set aside. In its stead, judgment was entered for the plaintiff in respect of the third piece of land which formed part of the three pieces of land in his claim for declaration of title to customary right of occupancy over land called and known as Azu Agbo/Okikpiri land situate at Akwuata village, Utah. The cross appeal entered by the Defendant was dismissed.

The stance taken by the Learned Appellate Judge of the court below irked the defendant/Appellant herein. Such precipitated this appeal.

Okolie V. Onyejuluwa (2000) CLR 4(f) (CA)

Judgement delivered on April 13th 2000

Brief

Facts

Issues