UGOCHUKWU MANEKE & ORS V. MR. SAMUEL NWANNE & ORS

TOM SHAIBU YAKUBU, J.C.A. (Delivering the Leading Judgment): The parties are all members of the community known as and called Amachalla-nato in Awka town. The respondents averred in their pleadings to the effect that their ancestor called Okpo cleared and founded the land in dispute called Mgboko-agu awka whilst the appellants averred in their own pleadings, to the effect that the said land in dispute was founded by their ancestor called Okpanam. The respondents' case is that the land in dispute is only part of Mgboko-agu-awka land which has remained undivided as a communal land of Amachalla-nato community which the appellants also belong. However, the appellants contend that Mgboko-agu-awka land, which is part of the Amachalla-nato community, belongs exclusively to them. Hence the respondents sued the appellants at the Anambra State High Court of Justice, holden at Awka and claimed, thus:

(a) A declaration that the plaintiffs are the people entitled to the Statutory right of Occupancy…