OLUM OGBA CHIVOZO AMADI CHIMENUM ALETE (FOR THEMSELVES AND ON BEHALF OF RUMUOLU FAMILY OF AGBA NDELE) V. ISRAEL J. ONWUZO INNOCENT O. WIGBUDU (FOR THEMSELVESAND ON BEHALF OF OKPARAERI FAMILY OF AGBA NDELE)

OGEB E, JCA: (Delivering the Lead Judgment) The respondents sued the appellants in the High Court of Rivers State holding at Ahoada for a declaration of customary right of occupancy to a piece of land known and called “El Aga Osumini”, trespass and perpetual injunction restraining the appellants from further acts of trespass on the land. The respondents amended their statement of claim and the appellants filed a statement of defence which was never amended. The respondents based their claim on the land on traditional history and various acts of ownership. The appellants denied the alleged acts of possession by the respondents and claimed ownership of the land. The respondents called witnesses including a licensed surveyor to establish their claim.

The appellants called 7 witnesses in aid of their defence.

The traditional history given by either side could not conclusively prove the ownership of the land and the trial court had to resort to acts of recent ownership to determine the own…