OKOLI V SURVEYOR GENERAL ANAMBRA STATE OF NIGERIA

Issue:

Following a land dispute involving three communities to wit- Nwafiya, Ezira and Isu, each community filed a representative action before Onitsha High Court. By order of the trial court, the three representative actions were consolidated, and on 7/12/51 judgment was given with an order that the area of land allotted to Isu Community be demarcated by Cement Pillars at the expense of the three parties involved, but this was not carried out. In 1988 Henry Okoli of Ohakabia Village, Nawfija for himself and on behalf of Nawfija community, filed an exparte application before Ekwerekwu J. of the Onitsha High Court for leave to apply for order of Mandamus against the Surveyor-Generalof Anambra State to compel him to carry out the demarcation exercise as ordered by the trial Court. The learned judge granted the leave as prayed and the order of mandamus against the Surveyor-General was made. - The Isu Community through His Royal Highness Igwe J. N. Okoli, Chief J. U. Ugbasoro and E. A. W. Esiobu for themselves and on behalf of all members of Isu Community brought an application dated 18/9/90 before Uyana J. praying that the mandamus order be set aside, and the learned trial judge heard the application and granted it. The order of Mandamus made by Ekwerekwu J. was then set aside. Aggrieved by the decision of Uyana J, Henry OkoIi, the lst Respondent and Plaintiff in the mandamus proceedings appealed against the order setting aside the mandamus order to the Court of Appeal, Enugu Division which allowed the appeal and set aside the decision and order of Uyana J, thus restoring the order of mandamus made against the 2nd Respondent/Defendant in the mandamus proceedings. Being dissatisfied with the decision and order of the Court of Appeal setting aside the mandamus order, the Isulo community through their accredited representatives mentioned supra, lodged an appeal to the Supreme Court against it.