CaseLaw
Udeze V. Chidebe (1990) CLR 1(a) (SC)
Judgement delivered on January 19th 1990
Brief
Facts
The plaintiffs, as representatives of Azize Nnadi Family of Amansi Village of Ifite Nteje had, in 1974, which is before the Land Use Act, instituted an action against the 1st and 2nd defendants in their personal capacities. The 1st and 2nd defendants are also from Ezize family of Amansi, called Iruatu. On their own application, the 3rd to 5th defendants, and yet the 5th to 8th defendants, applied to be joined. Before the time the case went to trial the 1st to 5th defendants were given leave to defend the action as representatives of the whole of Ifite Nteje, to which the plaintiffs also claim to belong.
The 6th to 8th defendants were also defending the action as representatives of Umunnakwe Family of Ifite Nteje: but they were asserting exclusive ownership of only “Ula land, part of the land in dispute as originally shown on plaintiffs’ plan No. E/GA/216/74 filed with their statement of claim. The plaintiffs, however, discontinued their claim to Ula land, filed an amended plan No. P.O./E62/80(Exh.A) and discontinued their claim against the 6th to 8th defendants. By the amendment the plaintiffs limited their claim to “Ude Nnofia” land instead of the whole of “Nneofia” land which they were claiming originally. At the conclusion of the trial, 6th to 8th defendants were struck off the suit. So, they are no parties, as a separate unit, to this appeal.
The case for the plaintiffs in the court of trial, as revealed by their further amended statement of claim dated the 26th day of May, 1980, is that they are the exclusive owners of Ude Nnofia land (hereinafter called the land in dispute), and have owned it from time immemorial, exercising diverse acts of ownership and possession over it. They also averred that the defendants used to farm thereon occasionally as plaintiffs’ tenants and with the permission of the plaintiffs, upon payment of tribute up till 1971 when they (defendants) refused to pay any longer.
On the other hand the case for the defendants, as contained in the amended statement of defence dated the 7th day of January, 1975 is that the whole land in dispute is part of Mba Ohia land, which is a communal land of the entire Ifite Nteje community, who also exercised diverse acts of ownership and possession thereon. The plaintiffs are strangers from Nnadi Town, near Nsugbe, but resident at Ifite Nteje. The plaintiffs as strangers, and like their fathers, have been allowed to farm the communal lands of the defendants while radical title resides in the defendants. They also pleaded an Onitsha Native Council Suit No. 282 of 1914 between one Okongwu of Ifite Nteje and Ibezi, Emenife and Ano of Nnadi over part of Mba Ohia land. As a result of that case in which the people of Ifite Nteje had judgment, the boundary between them and the people of Nnadi was held to be Oyi and Oboko streams. Therefore the defendants pleaded res judicata. They averred that the plaintiffs have no radical title to any land in Ifite Nteje and that the area where they now live was granted to them by Iruatu and Akamalu families of Ifite Nteje.
The learned trial Judge upheld the plea of res judicata and dismissed the plaintiffs’ claim.
Dissatisfied, the plaintiffs appealed to the Court of Appeal, which upheld the judgment of the lower court.
The plaintiffs/appellants further appealed to the Supreme Court.