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CHIEF JOSEPH OZOEMENA & ANOR V. CHIEF JOSEPH NWOKORO & ORS

(2018) JELR 39221 (SC)

Supreme Court  •  SC.233/2006  •  11 May 2018  •  Nigeria

Coram
OLABODE RHODES-VIVOUR JSC; JOHN INYANG OKORO JSC; AMIRU SANUSI JSC; EJEMBI EKO JSC; SIDI DAUDA BAGE JSC;

Appearances
Erasmus Ogeleka, Esq. with him, Paul Ojorum, Esq. For Appellant L.A. Njemanze, Esq. with him, Ramat Isah, Esq., Jidefo Onuoha, Esq. and U.C. Njemanze, Esq. For Respondent

Judgement

EJEMBI EKO, J.S.C. (Delivering the Leading Judgment): Four suits Nos. COK/83/91, COK/92/91, COK/99/91 and COK/126/91 were brought before the Customary Court of Imo State sitting at Abo-Umulolo, Okigwe. The suit No. COK/92/91, filed by one Timothy Chukwu on behalf of Okoro Eze Okpuwe family of Okpala village of Amuro, Okigwe was later dismissed for want of prosecution. The remaining suits proceeded to trial and judgment as consolidated suits.

The suit No. COK/83/91 was between Chief Joseph Ozoemena and another of Umulo village, Amuro Okigwe, as Plaintiffs, and Samson Eze and Another of Amaikpa village, Amuro okigwe. The Plaintiffs of Umulo village claimed against the Defendants of Amaikpa village seeking a declaration of customary right of occupancy of over a piece of land, perpetual injunction and the sum of N1,400.00 value of 400 heads of palm fruits allegedly harvested at Ulu-Okporikpo by the Defendants of Amaikpa village.

In the suit No. COK/99/91 - Chief Joseph Ozoemena and another,…

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