In the Supreme Court
On FRIDAY, 18TH JANUARY, 2008
SC. 88/2001
Before Their Lordships
NIKI TOBI JSC
GEORGE ADESOLA OGUNTADE JSC
MAHMUD MOHAMMED JSC
FRANCIS FEDODE TABAI JSC
PIUS OLAYIWOLA ADEREMI. JSC
Between
CHIEF EDMUND I. AKANINWO
ELIJAH OLUDI
G. N. EDEM
O. O. WORGU
E. BROWN.
And
CHIEF O. N. NSIRIM
CHIEF A. E. AMADI
CHIEF H. CHUKWU
CHIEF JOHN WOBO.
It is the claim of the plaintiffs that they are descendants of Ozuruoha who migrated from Isiokpo. They said that the defendants are descendants of Akubudike, a farm labourer to Ozuruoha. The plaintiffs said that the defendants were for all intents and purposes treated as indigenes of Rumueme until 1965 when they broke away from Rumueme Community Village Council to form the Ogbako Rumueme Organisation.It is the case of the defendants that they, as well as the plaintiffs, migrated from Isiokpo and that they are indigenes of Rumueme. They said that three groups - Ebara, Anwonwo and Agbolu migrated from Isiokpo to prosecute the Rumuirenta War and that after the successful prosecution of the war, the three groups settled at the present day Rumueme. In the course of the proceedings and while PW2 was still being cross-examined, the appellants applied for an amendment of their pleadings. The learned trial Judge refused the application. He entered judgment in favour of the respondents. An appeal to the Court of Appeal was dismissed. This is a further appeal to the Supreme Court.