Before Their Lordships
IBRAHIM TANKO MUHAMMAD Justice of The Supreme Court of Nigeria
MUHAMMAD SAIFULLAH MUNTAKA-COOMASSIE Justice of The Supreme Court of Nigeria
NWALI SYLVESTER NGWUTA Justice of The Supreme Court of Nigeria
MARY UKAEGO PETER-ODILI Justice of The Supreme Court of Nigeria
OLUKAYODE ARIWOOLA Justice of The Supreme Court of Nigeria
Between
1. NNAEMEKA OKOYE
2. NNAEMEKA IBEH
3. GODSON OKEKE (ALIAS OTOO)
4. NWABUNWANNE OBIKE
5. AZOBA IBEH
6. NWAFOR NDEFO
7. CLEMENT OKEKE
(For themselves and as Members of Obiajulu Family in Umuokeagu Quarters of Uru-Owulle Section of Nkewelle Ogidi, Ogidi) –Appellants
AND
OGUGUA NWANKWO
(Suing as the Head of Nwankwor Okonkwor Family as well as the Representative Head of Obolua Family in Amangwu Quarters of Ezi-Kwelle Section of Nkwelle Ogidi, Ogidi) –Respondent
…………………….A…………………….
MARY UKAEGO PETER-ODILI, J.S.C. (Delivering the Leading Judgment): The respondent herein as the plaintiff in this suit in the High Court of Anambra State holden at the Onitsha Judicial Division, in a representative capacity sued the appellants hereto, as the defendants also in a representative capacity claiming the following reliefs:
A. A declaration that the plaintiff as the head of Nwankwo Okonkwo family as well as the representative head of Obolua family in Anangwo (kindred) quarters of Ezi-Kwelle Ogidi is entitled to inherit under Ogidi Customary Rule of succession and customary right of occupancy at any time, at his will, ALL THAT PORTION OF LAND forming part of his ANCESTRAL HOME (PROPERTY) known as and called OWOKO ORURUIDE LAND valued N200.00 (Two Hundred Naira) lying, being and situate at Amangwu quarters of Ezikwell Nkwelle Ogidi in Idemili Local Government Area within the jurisdiction of this Honourable Court, the particulars of which will be furnished in a survey plan to be attached to the statement of claim to be attached to the statement of claim to be filed PRIOR OCCUPIED and used by this predecessors in the (occupation) of whom OKONKWO OBOLUA was his grandfather.
B. N5,000.00 damages for trespass in that on or about the month of June 1978 the defendants in collaboration with some hirelings each aiding and abetting the other did break and enter into the plaintiffs ancestral property (LAND) known as and called OWOKO ORURUIDE and therein cleared the bush, felled numerous economic trees including iroko and palm trees of the plaintiffs family, collected palm fruits therefrom, deposited sands, gravels and blocks and did divers manners of work therein without the leave or license of the plaintiff’s family. The defendants and their hirelings destroyed the plaintiffs blocks and demolished the plaintiffs foundation and have built and erected shops and constructed structures on portions of the land and have continued to ravage and commit several overt acts of trespass in aggravation on the said OWOKO ORURUIDE LAND.
C. A perpetual injunction restraining the defendants, their servants, agents and hirelings and privies from entering the land described or in any way dealing with or interfering with same without the permission of the plaintiff.
