Judgment
KUDIRAT MOTONMORI OLATOKUNBO KEKERE-EKUN, J.S.C. (Delivering the Leading Judgment): This dispute between the parties in this appeal commenced at the Customary Court of Imo State sitting at Ohoba in the Ohaji District in Ohaji/Egbema Local Government Area.
By their claim dated 30th December 1991, the respondent and one Cyprian Ofurum, for themselves and as representing the Umuisiji Family of Umioboke, Obile, Ohaji, sued the appellants and three others, for themselves and as representing the Umuifuru Family of Umuobeke, Obile Ohaji, seeking the following reliefs: (a) Declaration of Customary Right of Occupancy of that parcel of land known as and called ‘OKWU OLUMMIRI” being and situate at Umuisiji Umuobeke Obile, Ohaji in Ohajil Egbema Local Government Area (b) One Thousand Naira (N1000) general damages for trespass. (c) An injunction restraining the defendants, their agents, servants or privies from any further acts of trespass to or interference with the plaintiffs’ land.
In its judgment delivered on 20th May 1999, the Court held, inter alia, that the land in dispute was communal land jointly owned by both parties. The respondent and his co-plaintiff were dissatisfied with the judgment and appealed to the Customary Court of Appeal sitting at Owerri. The appeal was successful. The judgment of the Customary Court, Ohaji was set aside.
The Court held that the plaintiffs/appellants were entitled to the declaration sought. It also granted an order of injunction in their favour.
Not surprisingly, the respondents, (now appellants) appealed against the decision to the Court of Appeal, Owerri Division. In the course of hearing the appeal on 14th October 2014, the Court, suo motu, raised the issue of the competence of the Court to entertain the appeal, having regard to the provisions of Section 245(1) of the 1999 Constitution, as amended. Cognizant of the principle of fair hearing, as enshrined in Section 36(1) of the Constitution and in line with the decisions of this Court, the parties were invited to address the Court on the issue.
In his submissions, learned counsel for the Appellants argued that the appeal is cognizable under Section 245(1) of the 1999 Constitution, as amended, while learned counsel for the respondent contended that the Court lacked the requisite jurisdiction and urged the Court to dismiss the appeal. They both also proffered arguments on the merit of the appeal.
