Compulaw - 1st Indigenous Digital Law Library

Brief

Issues in dispute at Customary Court
Notice of appeal
Preliminary objection and issue for determination
Common boundary
Land in dispute

Facts

At the trial Customary Court, the Plaintiffs (now Respondents) claimed:

1
A declaration of Customary Right of Occupancy to the parcel of land known as 'Ukwu Wite' situated along Ihie and Obitti Road in Ohaji;
2
two thousand Naira general damages for trespass; and
3
an injunction to restrain the Defendants and their agents from any further acts of trespass or interferences with the said land. The Plaintiffs' case was that the Defendants, the people of Obitti town, trespassed into the Plaintiffs' community land situated at Obitti/Ihie Road, known and called "Ukwu Nwite". The Plaintiffs used to give out to the Defendants farm lands in the area in dispute and the Defendants would present a goat and wine to the Plaintiffs yearly. This went on until 1972 when it became known that the Defendants' people attempted to sell a portion of the land. The Defendants had to be restrained and, consequently, they were asked to quit the land. From then on, the Plaintiffs have refused to grant farm lands to the Defendants. The Plaintiffs also made a complaint to the police when the Defendants refused to quit the land. The Police however handed the matter to one Chief Amadi Nwugha and others for settlement by customary law arbitration..

In contesting the Plaintiffs' claims, the Defendants asserted that the land in dispute was known as "Okwu-Ogwu-ala" belonging to Umuanyanwu from their ancestors who deforested it. Their boundary neighbours included Umugwaa and Umuadom. They also have common boundary with the Plaintiffs at Ovu. The Plaintiffs' entry into the land about 1973 was resisted, hence the complaint made by the Plaintiffs to the police. The dispute was then referred to a native tribunal which recommended oath taking. The Plaintiffs took the oath produced by the Defendants and, of their four representatives, none survived the traditional one year. The Defendants therefore removed the beacons planted in the land by the Plaintiffs, whereupon the Court action was instituted.

In its judgment, the trial Court dismissed the Plaintiffs' case. Being dissatisfied with the decision, the Plaintiffs appealed to the Imo State Customary Court of Appeal which set aside the decision of the trial Court. The Defendants then appealed to the Port Harcourt Division of the Court of Appeal which unanimously dismissed their appeal.

The pleaded facts and evidence of the Plaintiffs (Respondents) and their witnesses have shown that the Defendants (Appellants) the people of Obitti passed into the Plaintiffs' community land situate at Obitti/Ihie Road, id called "Ukwu Nwite" belonging to Plaintiffs of Umudegwe Umuoka acccording to their story they used to give out to the Defendants (Appellants) farm lands on the land in dispute and they would present a goat and wine to the Plaintiffs yearly until 1972 when it became known that the Defendants' people attempted to sell a portion of the land and had to be restrained and consequently they had to be asked to quit the land. From then the Plaintiffs (Respondents) have refused to grant farm lands to the Defendants any more. The Plaintiffs had all the same complained to the police (when the Defendants refused to quit the land) who handed the matter to one Chief Amadi Nwugha and others for settlement. The arbitrators recommended Oath taking for the Ihie people, that is, the Plaintiffs and the Defendants people produced the juju sworn by the Plaintiffs and survived their oath for the traditional one year, that is, 1973 to 1974 which incident was duly celebrated. The Plaintiffs have stated in their evidence that the Oath was taken at Nwite shrine for the purpose of fixing the boundary between the parties. The Defendants according to the Plaintiffs eventually left the land but some time in 1986 they re-entered the land again hence this action and the reliefs as claimed above.

Issues

1
Was the lower Court right to have excused the proof of root of title by...

Udenze V. Nwosu (2007) CLR 5(c) (SC)

Judgement delivered on May 11th 2007

Brief

Facts

Issues