Compulaw - 1st Indigenous Digital Law Library

Brief

Communal property
Corroboration
Proof in civil cases

Facts

Appellants (as plaintiffs) sued the respondents claiming as follows:-

1
a declaration that plaintiffs and defendants as members of Uwhruwe family of Bethel, Oyede in Isoko Division are joint owners of the Uwhruwe family land shown in plaintiffs' survey plan No. MWC/88/76 and known and called Okpailoho land at Bethel town, Oyede, Isoko Division of the Bendel State of Nigeria:
2
a declaration that the plaintiffs' Eromahwe branch or sub-family, as one of the three branches or sub-families which make up the family, is entitled to one third share of the said Uwhruwe family's Okpailoho land;
3
an order of injunction restraining the defendants by themselves, their agents, relations and servants from interfering with plaintiffs' right to work and farm on the Okpailoho land pending the partition of the said land.
3
An order that the said Ikpailoho land be partitioned permanently among the said Eromahwe, Ewukobe and Onoromate branches of the Uwhruwe family and or in the alternative, any other order or relief which this honourable court may deem fit, just and equitable in the circumstance."

Both parties agreed that the land in dispute is known as Ikpailogho which was founded by a man called Uwhruwe and after the death of Uwhruwe who was the original founder the land passed on to his descendants from generation to generation as their joint property up till today. The descendants of Uwhruwe constitute what is today known as the family of Uwhruwe of Bethel, Oyede.

Appellants asserted that Uwhruwe had three children, Eromawhe, Ekwukobe and Onoromate and that they descended from Eromawhe branch and Ekwukobe and therefore entitled to one third share of the land in dispute, the respondents contended that Eromahwe is not one of the three branches that make up Uwhruwwe family of Bethel, Oyede. The 2nd and 3rd respondents averred in the joint statement of defence that they belong to the Ogu branch of Uwhrewe family and not Ewukobe branch as alleged by the appellants. The 3rd and 4th respondents also claimed to belong to Osiawhoro branch of Uwhruwe family and not Onoromate as the appellants. The 3rd and 4th respondents also claimed to belong to Osiawhoro branch of Uwhruwe family and not onoronmaate as the appellants tagged them. The 2nd to 4th respondent stated that the 5th and 6th respondents are descendant of one Emagho who was brother of Uwhruwe and that they were recognised as a branch of Uwhruwe family and entitled to the enjoyment of the land in dispute.

The respondents maintained their pleading and evidence that appellants are not members of uwrhruwe family. They asserted that the appellants are strangers who were permitted by Uwhruwe family to live in bethel, Oyede when the Christians were being persecuted and in no way related to Uwhruwe family each side pleaded and led evidence of his genealogy.

The court found for the appellants and granted all the reliefs they claimed.

Aggrieved, the respondents appealed to the court of appeal which dismissed the appeal. They further appealed to the Supreme Court.

Issues

1
Whether the traditional evidence adduced in this case were properly...

Onowhosa V. Odiuzou (1999) CLR 1(a) (SC)

Brief

Facts

Issues