GODFREY IFEDIORA V EUGENE OKAFOR 2. AUGUSTINE ANAZO 3. UCHECHUKWU OKAFOR

Issue:

The Respondents as plaintiffs sued the Appellants in Oba customary court of Anambra State for a declaration of title to the disputed land and perpetual injunction to restrain the first and second Defendants/Appellants from further trespassing on the land. The suit was initiated on the 15th of April, 1996. The Plaintiffs/Respondents' case in the customary court was that the land in dispute is in Umuogbu Umuogali village, Oba and originally belonged to their grandfather, Mgbeafulukwe. The land was inherited by their fathers and subsequently by them. Their grandfathers Anaso Mgbeafulukwe and Okafor Mgbeafulukwe gave the land part of which is now in dispute to one Ezeukwu, the father of Sampson Ezeukwu of Umuogbu, Umuogali village, Oba for farming purposes only. Sampson Ezeukwu gave portions of the land to his brothers and also to the father of the 1st defendant/appellant for cultivation. When the father of the 1st defendant/appellant died, the 1st defendant/appellant continued to cultivate the land. Sometime in 1994, the Appellant erected survey pillars on the land claiming that the 2nd appellant, Okeke Icheke from Aboji village, Oba, had sold the land to him. That in spite of customary arbitration and other efforts to get the 1st Appellant out of the land, the 1st Appellant persisted in laying claim over the land. The Respondents (as plaintiffs] thereafter instituted this action in the Customary Court, Oba. The 1st defendant/appellant on the other hand claimed that the land in dispute was given to their father Odili by the Onuora Nwangwu and Icheke Nwangwu to cultivate on payment of tribute. He cultivated the land until their elder Ezeukwu called him and told him that the land was for sale. He bought the land from the 2nd and 3rd defendants/Appellants and an agreement was prepared. The agreement was admitted in evidence as Exhibit "M. The 1st defendant also applied for and was issued a Customary Certificate of Occupancy tendered in evidence as Exhibit "L". At the conclusion of trial, the customary court delivered its Judgment in favour of the plaintiffs and granted the reliefs sought. The defendants/appellants being dissatisfied with the decision of the customary court, appealed to the High Court. The High court affirmed the judgment of the customary court and the defendants/appellants further appealed to the court below. After hearing the said appeal, the Court of Appeal dismissed the appeal. This appeal is therefore against the judgment of the Court of Appeal.