Before Their Lordships
KAYODE ESO Justice of The Supreme Court of Nigeria
SAIDU KAWU Justice of The Supreme Court of Nigeria
CHUKWUDIFU AKUNNE OPUTA Justice of The Supreme Court of Nigeria
ABDUL GANIYU OLATUNJI AGBAJE Justice of The Supreme Court of Nigeria
PHILLIP NNAEMEKA-AGU Justice of The Supreme Court of Nigeria
Between
1. PAUL NWADIKE
2. MARTIN ANELE
3. SUNDAY ODOEMENAM Appellants
AND
1. CLETUS IBEKWE
2. SIMON NWAIWU
3. MOSES ONONIWU
(For and on behalf of members of Eluama Family in Umudnrumba Amaigbo, Nkwerre Division in Okigwe Judicial Division) Respondents
…………………….A…………………….
AGBAJE, J.S.C. (Delivering the Leading Judgment): The case before us now on appeal started in the High Court of Justice of the former East Central State of Nigeria in 1972. The Plaintiffs, Cletus Ibekwe and 2 Ors., for and on behalf of members of the Eluama family in Umudurumba Amaigbo, Nkwerre Division in the Okigwe Judicial Division sued the defendants, Nathaniel Anaele and 3 Ors, claiming against them jointly and severally a declaration of title to a piece or parcel of land known as and called “OHIA UKWU ELUAMA” situate at Umudurumba Amaigbo Nkwerre Division in the then Okigwe Judicial Division, 100.00pounds (N200.00) damages for trespass and an injunction restricting them, their servants and agents from further entering the land in dispute. In the Okigwe Judicial Division of the High Court holden at Okigwe pleadings were ordered by F.O. Nwokedi J. as he then was on 29th September, 1972. Pursuant to this order, pleadings were filed and delivered. The case eventually proceeded to trial before Johnson J, in the High Court of Imo State of Nigeria, Orlu Judicial Division holden at Nkwerre. The Plaintiffs led evidence in support of their averments in their Statement of Claim. So did the Defendants in respect of their averments in their Statement of Defence. The learned trial Judge having listened to the parties and their witnesses found for the plaintiffs in a reserved judgment he delivered on 16th June, 1980. He found for the plaintiffs as follows:
“I am satisfied that the plaintiffs are entitled to the declaration and I accordingly grant it. By virtue of Section 36(1) (2) of Land Use Decree No 6 of 1978 the plaintiffs being the holder of the land in dispute are entitled to a Customary Right of Occupancy over the land.
It is hereby ordered that the plaintiffs are entitled to all that piece or parcel of land called “OHIA UKWU ELUAMA” as shown on plaintiffs’ plan NO.EC/400n2 Exh. ‘A’ which was variously described by the defendants as “OHIA UKWU” or “OHIA UKWU EKE” or “ALA UKWU ORJI ELUOWERRE NO.2″ and shown on defendants’ plan NO.PO/E.147/72 Exh. ‘E’. I also grant the plaintiffs the injunction claimed and the defendants, their agents and or servants are with effect from the date hereof restrained from entering the said land.
On damages for trespass, I award N150.00 against the defendants.”
