EZUKWU V. UKACHUKWU

Issue:

This appeal arose from a land dispute between the three original Plaintiffs who in a representative capacity sued as representing members of Ihitte Community of Egbuoma in the Ohaji/Egbema/Oguta L.G.A. There was only one original Defendant who was sued in his personal capacity. Proceedings were commenced in the High Court of Imo State sitting in Oguta where pleadings were ordered, filed, exchanged and subsequently amended with the Plaintiffs' Further Amended Statement of Claim and the Defendant's Amended Statement of Defence as the terminal pleadings on which the case was contested. As formulated in paragraph 17 of their pleadings, the reliefs sought by the Plaintiffs against the Defendant are:- "(1) A declaration that the Plaintiffs are entitled to the customary right of occupancy to a piece of parcel of land known as and called "ALA OGBUTU" situate at Egbuoma in the Ohaji/Egbema/Oguta Local Government Area within the Oguta Judicial Division with an annual value of N10.00 (Ten naira). (2) N20,000.00 (Twenty thousand naira) being general damages for trespass to the said land. (3) Perpetual injunction restraining the Defendant, his servants or agents from entering the said land again." As the case progressed, the original parties were substituted by the present parties on record to wit, Cosmos Ezukwu as Plaintiff and Peter Ukachukwu and Jude Ukachukwu as Defendants in the respective representative capacities stated. At the trial, each party led evidence to substantiate its claim or defence. In the main, each party anchored its case on traditional evidence. After reviewing the evidence adduced on both sides and the addresses of learned counsel made on their behalf, the learned trial Judge, Ihekire J, upheld the case for the Defendants and accordingly dismissed the Plaintiffs claims. His appeal to the Court of Appeal, Port-Harcourt Division was similarly dismissed hence he has further appealed to the Supreme Court.