CaseLaw
Osuji V. Ekeocha (2009) CLR 7(j) (SC)
Judgement delivered on July 17th 2009
Brief
Facts
The case of the parties in brief is that the two Plaintiffs before the trial Court Macaulay and Clifford Osuji were the two male Descendants of Umu Nwanyiri family of Amawon in Owerri Nchise in Owerri town, while the Defendant Maxwell Ukeachi Ekeocha belonged to the family of Ekeocha from Olohe. I lis mother wus one Ngbafor Nwanyiri a member of Umu Nwanyiri family of Amawon. She married Ekeocha from Naze and her off springs by Owerri Native Law and Custom are referred to as Nwa-Nwa.
When her husband died, Ngbafor relocated to Owerri. When she died Maxwell Ekeocha now deceased and father of the present Respondent went to live with the family of Onyeneke Nkwocha Ekezie. He later moved from there to live with the wife of Igwe Opara Nwanyiri. The two Plaintiffs/Appellants were then very young and at school when Igwe Opara Nwanyini died without a male issue. They both were the only surviving male members of the Opara Nwanyiri family. They automatically inherited the "Ohe Umunwanyiri, the area now in dispute according to Owerri Native Law and Custom. The Respondent's father-deceased Maxwell Ekeocha was then an adult, and he became the closest relation of the Appellants. The property in dispute the Ohe Umuopara Nwanyiri" had been the permanent homestead of the Nwanyiri family since the village of Amawon settled in that part of Owerri for over one hundred years. No.17 Ekeonunwa is the property now located on the land in dispute. Maxwell Ekeocha in his lifetime had access to the land through Igwe Nwanyiri, and when the Igwe died with no male issue surviving him he was still living in the Ohe Nwanyiri. He erected a storey house and a bungalow on the land. The grouse of the Appellant is that Maxwell Ekeocha is not a member of the Opara Nwanyiri family and cannot lay any claim to any property belonging to the family. His mother a member of the Umu Nwanyiri family married outside. She decided to reside in the parents' house - hut her children are Nwa-Nwa who are not entitled to the property of their maternal grandfather. Further more none of the brothers of Maxwell intermeddled with the Appellants' family property. They bought and developed their property outside the "Ohe Umuopara Nwanyiri". The Appellants contended that he took advantage of their tender age to infiltrate and build on their family property. The Appellants claimed Umuopara Nwanyiri by way of inheritance to which they were entitled to exclusive possession according to Owerri Native Eaw and Custom.
They became the only surviving elders in the family. The Respondent claimed the disputed property through his father Maxwell. He claimed to be a part of the family. His father Maxwell developed the "Obi" of the family into a proper family house. He built on the disputed land and did everything to prevent the Appellants from erecting their houses on the land. He sold the Isi-Ezi another area of the family property together with Clifford Osuji though he refused to return N1000 out of the proceeds of sale. He regarded the amount as his share. Maxwell also laid claim to exclusive ownership of Ohe Urmwpara Nwanyiri. He was selling and alienating landed properties of Opara Nwanyiri family. The Appellants referred the matter to a Native Arbitration. Maxwell, the Respondent's father made out a case of joint ownership of the family property before a Native Arbitration headed by Eze Njemanze. He later accepted the decision of the Arbitration that he was to return the land in dispute to the Appellants, while he requested to be allowed to keep the storey building on the land in dispute. He later reneged on his words. adhered to his claim of joint family property and continued to manifest his bid to disinherit the Appellants and their section of the family. He expended money to reconstruct the family property. The Respondent claimed the three houses built on Ohe Umuopara N^vanyiri by his father. Maxwell was made an "Oha", he became head of the family. In the claim before the Court, the Appellants described the Respondent's family as a customary tenant. Since all his activities on the disputed land were against the interests of the Appellants, he was to forfeit his right to occupy the disputed property. The place in dispute was No.17, Ekeonunwa Street where the Respondent's father had already erected three buildings, 'the Respondent claimed that his father was buried there. The Respondent claimed to be a Descendant of Umu Opara Nwanyiri like the Appellants. There was evidence that no other members of Ekeocha clan erected houses on "Ohe Opara Nwanyiri". They built their respective houses outside the area. Before the trial Court, while the Plaintiffs/Appellants claimed exclusive ownership of the disputed property, the Defendant/Respondent claimed ownership of the property in common with the Plaintiffs/Appellants. In his considered judgment the learned trial Judge made orders as follows that:-