JUDGEMENT IN THE CUSTOMARY COURT OF ABIA STATE OF NIGERIA IN THE CUSTOMARY COURT OF EM DISTRICT 1 HOLDEN AT OKOKO THIS 29™" DAY OF OCTOBER 2002 BEFORE THEIR HONOURS: MR. WALTER .N. UKO. aa -PRESIDING MEMBERS 2, MR. OGBONNAYA. OGBOSO .. MEMBER, BETWEEN John Kabara Ogbuisi - — Plaintifis Ndukwe Ogbuisi For themselves and as representing Ogbuisi Uguru, Ndi Uga Family of Amaofufe Igbere And Chief Ejie E. Ukaegbu - Defendant For himself and as representing Amaofufe Community Igbere Excluding the Plaintiff APPEARANCE: Chief Barrister C. A. Kalunta } AGE, Nwachukwu Esqr. For the plaintiffs Defendant is unrepresented JUDGEMENT The Plaintiffs brought an action against the Defendants seeking for he following relief’s: 1, Declaration that the Plaintiff are’ entitled to the grant of Customary tight of Occupancy in respect of “Okposi” land lying and situate at Amdofufe Igbere within the jurisdiction of this Honourable Court.2. 2,000.00 (Two ‘Thousand Naira being general and special damages for trespass, 3. Perpetual Injunction restraining the Defendants by themselves, their servants, Agents and or their relations fiom entering the said Plaintiff's place of land and or from ever interfering in any manner whatsoever with the Plaintiffs possession, occupztion or enjoyment of the said piece of land. This matter which was originally instituted against the Ukaegbu’s family of Ndi Oyendi Family of Amelu Amaofufe and was filed at the customary court em as was then constituted in August 11" 1997 and slated or hearing on 25" August 1997 but could not due to the annual leave of the Judges of the customary courts in Abia State, the matter was then adjourned to 22" September 1997 to now be heard at the newly created customary Court Alayi which by virtue of the law that created new courts in Abia State ) gave jurisdiction of lands situated in Igbere; Alayi; Uswueke/Ezeukwu communities, to the Customary Court sitting at Alayi. ‘The matter could not go on at the customary court Alayi due to an application dated 6/10/97 by the Plaintiffs, for the matter to be trausferred out of the customary Court Alayi, on the ground of like-hood of bias by the Honourable chaitman of the customary court Alayi on 9" March 1998 fy +n Order of the President “customary Court of Appeal, with reference Number CCA/UM/TRN/88/97, the jurisdiction to hear and transferred to this Honourable Court. determine the matter was On 11/3/98 plea was taken by first Defendant Chief Fjie E, Ukacgbu who said that he was ready to stand for the rest 2, 3" and 4!" Defendants as the action Was jointly and severally. Matter was then adjourned to 23/3/98 ior hearing on 25/3198, hearing could not commence due to the absence of Counsel to the Plaintiffs and as such the matter was adjourned on terms to the 20/5/98 for definite hearing. On 20/5/98 the matter could not go on due to the filling of a motion by the Defendants, in which they were praying the court to exclude the 2, 3" and 4!" Defendants from the suit as representing Ndi Ukaegbu Amechr Amaofufe Igbere, and joining Nwachukwu Kalu and Kalu Bkearua with the 1 Defendant to defend themselves and as representing Amaofufe community Defendants could not move’ the motion due to the death of one of the Applications. As Such the matter was adjourned to 1/7/98, (On 1/7/98 the 1" Defendant moved the motion on behalf of the rest Defendants Asking the court to strike out the names of the2™ Defendant Barrister George Ukaegbu; that of the 3" and 4" Defendant Chief G.E. Ukaegbu and MrOnwubiko Ukaegbu respectively and joining Mr. Nwachukwu Kalu and Arisa Orji with the 1* Defndnat to represent the three families of Amaofufe Igbere | namely: Ama Elu, or Ndi Oye-Ndi, Amaefi and Elu Okoba, since according to ‘ them, the land in dispute is a communal land of Amaofufe Community and not me | that of Ukaegbu family alone. After hearing the submissions of learned Counsel to the Plaintiffs in opposition on 22/7/98, the court on 3/8/98 granted i all the prayers of the Defendants as contained in the motion, except as it affects the inclusion of Arisa Orji as replacement to the deceased Ekearua Oji of Elu- Okoba unit of Amaofufe Igbere. On 8/12/98 hearing on the matter with the 2™ Plaintiff Ndukwe Ogbuisi giving 4 evidence as one of the Plaintiffs and as P.W.I. on record. He stated that he is from Ndi Uga compound Amaofufe Igbere, that the 1" Plaintiff is his senior brother of same parents, that they brought the Defendants to court because they trespassed into plaintiff's family land called “Okposi” land which is situated at Igbere. That they inherited the land in dispute from the father called Ogbuisi Uguru Opaisi. That they dispute Okposi land was deforested by their great grandfather by name Ibube Ofufe who begat opaisi, that Opaisi begat Uguru who begat Ogbuisi and that Ogbuisi begat Ogbonnaya, Paul, John and himself. Ndukwe — the Plaintiff. That right from the period of their forefathers, till date, that they use the land for farming purposes and rents it out to periodic farmer, That Amaofufe village was deforested by Ofufe the father of Ibube Plaintiffs’ great grand father. That Amaofufe Community is made up of four compounds namely: (1) Ndi Uga (2) Ela Okom (3) Amaefi and (4) Amaclu. He stated further that Elu Okom Amaefi and Amaelu compounds were all strangers to Opaisi who granted them where they now resides in Amaofufe village. ‘That Amaofuufe compound is close to Ebele market, the general market of Igbere people. That the ancestors of the above named three family compounds were traders who came to Ebcle market found it convenience to stay with the ancestor of the Plaintiff, Opaisi who later granted them a place to settle, That it Was the said Opaisi the grantor that gave the three compounds where he settled his three strangers, the name of Elu Okom, Amaefi and Amaelu respectively, That the great grant mother of the first Defendant by name Ugo from Atochukwu with his son called Ekekwe were amongst those seitled by plaintiffs’ ancestor Opaisi at Amaelu compound. That the forefather of the 2 Defendant by name Ogbu-Item who came from okpaisi in Ebonyi state was settled at Amaefi by Opaisi. That Uguru the son of Opaisi later left his ancestral compound and settled at part of Okposi land He named their boundary neighbour in the land in dispute as Land of Agbo-Owerre Ibinaukwu; Ezi Ukwu Ibinaukwu; Ndi Mbe Ibina Ukwu; Ndi Azu Ibinaukwu Emerson Eme’s family of Amaofufe; Ndi Agboto Ibinaukwu; Eli Isiegbu Amankalu; Amaofufe Compound; Mgbele Ogbo land owned by Plaintifis’, Azu Ofoo land owned also by Plaintiffs: Isi Megbele Tbinaukwu land of Ndi Okorocha Thinaukwu; and that of Ndi Okwoma Ibinaukwu, That the land is dispute was divided by a major road from Onu to Agbo-Igbere. That in 1948, Eziama 143people who were members of the Catholic Church approached the father of the plaintiffs Mr. Ogbuisi Uguru for land to build a school and a church, That the group led by Onuoha Olere were granted a part of the land now in dispute on terms, That one of the terms was that Descendants of the grantor will enjoy a tuition free education in that school that this agreement was reduced in writing and witnessed by Samuel Uche and Onuoha Ukoji on the side of Eziama Catholic followers, the father of 1" Defendant Ekekwe Ukaegbu and Ejieke Okoroafor on the side of the father to the Plaintiffs the grantor from Amaofufe, then Agwu Onya, Okeigwe Egburonu, from Ibina-Nta as representing Igbere people. He tendered the agreement dated 28/11/48 which was admitted in evidence as Exhibit “A”. He further stated that the land in dispute was surveyed and he tendered the survey plan No. OOVEN/0214/88 for identification. He further stated that another portion of the land in dispute was donated to Igbere community for the building of Igbere Maternity Home in 1949 by Plaintiffs’ father, that the Agreement for the grant for the land for the ‘maternity Home now called Igbere Health Centre was reduced into writing got Jost. the Nigerian Civil war. That the agreement was witnessed on the by Okorie Ibeka of Amakpo, Ogbonnaya tkwecheghe of Tgbere, Onyencke Ukaoha of Ibina Ukwu among others, that he will e ‘Archives to prove that. Again that part of this as granted to Chief same Okpo Olawa now deceased where he built his idence, that his family is still living there till date. That in 1956, Plaintiffs’ father gave out part of the land in dispute on rent-age to seasonal farmers which includes Oxji Ekearua, Ekekwe Ugo the father of the first Defendants, and Agwu Ekekwe, that while they were farming on that land, they were sued to the native court for trespass by Orji Abayi of Eziukwu Ibina Ukwu. That during the proceedings, that their father gave evidence as Land-owner. That the matter ended in their favour. He thereby tendered the Certified True Copy of the Proceeding CS/No. 148/56 which was admitted in evidence as Exhibit “B’ ‘On 27/1/99 P.W.1. continued his evidence in Chief by stating that in Exhibit B, the 1956 native Court matter, that the father of the 1 Defendant in his evidence made it clear that he has no ancestral lineage not even a father in Amaofufe . Secondly, that it was made clear in Ex. “B” by both parties on that dispute that it was Ogbuisi, the Plaintiffs’ father that use to rent or porticn out the land to periodic farmers and also gave out part of the land to Eziama people to build school and the Roman Catholic Church on the condition that the children of Ogbuisi Uguru were to enjoy a tuition free education at the school. That Chief ‘Okorie Ibeka on behalf of Elders of Igbere confirmed in his Testimony that the Tand now in dispute belong to Ogbuisi Uguru and had further stated that when Tgbere people were in need of a land to build the Maternity Home now Health ‘Centre, that they approached Nde Okpaisi family of Plaintiffs’ who gave them the land where the Heath Centre was built as Marternity, then.He stated further, that in Ex. “B” the father of the first Defendant stated in his evidence that the father of the Plaintiffs, Ogbuisi Uguru was the person who gave one Chief Sam Okpo Olawa a part of the land now in dispute to build his residential house, That he also gave evidence in that Ex. B to the effect that 1" Defendant in that proceeding of 1956, called Orji Ekearua was a native of Amaofufe Item Community. P.W.L, further stated that their father Ogbuisi Uguru who died in 1968 was in peacefull possession of the land without interference from anyoody. That before his death, he handed over all his landed properties including the land now in dispute to Ekearua Orji to take care of until his children come of Age when they should be given back the control of their father’s property ‘That Bkerarua Orji did the handing over by going to court to swear an Affidavit P.WAI. tendered the Affidavit evidence dated 22/5/92 which was admitted in evidence as Exhibit “C” that the said Ekearua Orji who died about months ago, was the 1 son of the 1" Defendant in Exhibit “B”. That in 1974, P.W.I. and his sister by name Enyidia Ogbuisi were asked to pay school fees in the Roman Catholic School built on thé land donate by their father, that their most senior brother Mr. Ogbonnaya “Ogbuisi and 1* Plaintiff Joh Ogbuisi consulted Barrister E.E. Ukaegbu the 1" Defendant in this case over the issue, that the 1 Defendant requested and was giving the photocopy of the agreement of grant (Exhibit “A”) on which strength he wrote to the Bishop of Umuahia Diocese by name Nwedo asking him to intervene with the School Management Board who has then faken over schools from the Mission He tendered the letter written on their behalf by 1* Defendant 9/10/74 with reference NO. EC/T8/A/74 which was admitted in evidence as Exhibit :D", that the reply to Ex. “D” was given, barrister’E. E. Ukacgbu the 1" Defendant verbally informed them that the school was now under the school’s Management Board and advised them to seek compensation from the Board in Bende L.G.A. that he wrote the school management Board Bende L.G.A. on their behalf and that when the reply came, 1* Defendant invited the Plaintiffs and gave them the state School valuation and compensation from No. 1/6 dated 6/12/74 which they tendered and was rejected as No. | That on 1982, one O. O, Mba of Ibinaukwu Igbere trespassed into part of the land in dispute , that their compliant against the trespass was looked into at the village level and ended in Plaintiffs? favour. That in 1985 one Josiah Ibekwo Kazi of Amankalu Igbere trespassed into part of the land in dispute, that the matter was also looked into by Ebiri Council of Chiefs Igbere and ended in Plaintiffs’ favour. That judgement in the above two were reduced in writing which he tendered and admitted as Ex. “E”. That it was in 1985 that members of the 1* Defendants’ family entered parts of the land in dispute and staried to erect buildings, destroying crops and selling some portion of the land fo other persons by force. That Plaintiffs approached them for peaceful settlement, which they turn down, ‘That they took them before the council of 145village Heads. That on 23/4/87 slated for hearing of the matter, that the 1" Plaintiff their supposed spokesman was arrested by the police at Aba at the instance of the arrest got to the knowledge of the Ebiri Council of Chiefs, the council wrote a letter to the D.P.O, Aba informing him of the pending land case between 1° Plaintiff and the Defendants, He tendered the letter dated 23/4/87 which was admitted as Bx. “F”. He stated further that in 1988, Plaintiff took the family of the 1% Defendant to the High court Umuahia in respect of the land now in dispute. That at the High Court, Defendants claimed that they gave part of this land in dispute to the Catholic people. That the village Head of Eziama Igbere swore an Affidavit to the effect that it was Plaintiffs’ Ogbuisi family who gave the land to the Catholic people and not the Ukaegbu's family. He tendered the Affidavit dated 26/9/94 which was admitted as Exhibit “G”. That in 1996, information about this matter was relayed to His Lordship Bishop Lucious I. Ugorji, the Catholic Bishop of Umuahia Dioces who wrote to Reverend Father Dominic Ibe Incharge of the Catholic Church Igbere, informing him that it was the Ogbuisi Uguru family who gave the catholic church at Igbere the land where the church was built P.W.I. tendered the letter dated 21/8/96 which was rejected as it was a photocopy. That in 1996, the matter at the High Court was struck out as a result of the then supreme court Ruling which ousted the jurisdiction of the High couits to entertain land matters which are subject of the High Courts to entertain land matters which are subject of customary right of Occupancy. That, that was why they sued Defendants to this court. He asked the court to give them judgement as per their write. On 10/3/99 the cross examination of P.W.I. by Defendant could not go on due to the discovery that the Exhibits needed by Defendant to cross examine the P.W.L were in the personal custody of Miss Stella Nwokoro former Registrar of the court now on transfer and at the request of the Plaintiffs. ‘This attitude of the Plaintiffs was roundly condemned by court as interference with court’s process and procedures. However, on 12/5/99, the P.W.I, was crossed examined by the 1" Defendant. Answering questions put by Defendant, P.W.L. admitted taat they as plaintiffs the case at the high court Umuahia tendered exhibit “A” but denied it being in the high court Umuahia . He also admitted that their father did not e the benefit of a formal education and as such could not read or write. dmitted telling the court in his evidence in Chief that both the maternity ment and that made between the futher of the Plaintif’s and Sam Okpo grant of land, got lost during the war, but stated, When asked by theDefendant how exhibit “A” between Plaintiffs’ father and the Catholics survived the war, that they got Exhibit “A” from the Roman Catholic Authorities. Answering further questions, P.W.L. stated that Ex. “B” was gotten from the Archives and that it was certified or authenticated by the Director. That its original is in the said Archives. He admitted that his father’s name was not in Ex. B as a party but as a witness and that the 2™ Defendant in Ex. “B” was the father of 1* Defendant in the present suit. That he tendered Ex, “B” because to do with Okposi land which is the land in dispute presently. He also admitted that the Defendant in Ex. “B” defended that matter as representing Amaofufe Igbere community. The following took place during cross examination of P.W.I. Q: Who wrote Ex. :D: A: Itwas written by Barrister E.E, Ukaegbu the 1* Defendant Q; To whom did he address the letter to A: To His Lordship Bishop Nwaedo, the Catholic Bishop of Umuahia Diocese Q Do you see anything showing that the letter stated it was written on behalf of any person A: Yes Sir Q: Read the sentence that showed that it was written on the instruction of any person A: the portion reads thus: “Yours obediently E.E, Ukaegbu for the affected family. Q Read the last sentence or paragraph of the letter A It reads: “If this is impossible, let me know so that I can fight for compensation to be paid by the state Schools Board to the land owner, and not to the Roman Catholic Authorities. | know how to go about my right where your Lordship is unable to satisfy my humble request”. Q Apart from the statement; “For the affected family’. Is there anything else in Ex. “D” to show that the lawyers acted on the instruction or on behalf of anybody else. Yes Sir, the body of the letter showed so. Answering another question put by Defendant, P. W.I. admitted that Ex. “C” __ has to do with the land which Plaintiffs dispute with Josaiah Ibekwo and that "part of it is in Ukwukwa-nta land, while part is in Okposi the land in dispute. Heard before the Ebiri Council of Chief and that Ogbueze Obaisi and Oxji Ekerearua are both from Amaofufe. He also admitted that Ukwukanta and )kposi land are not the same land, When asked whether Orji Ekearua was ‘Present at the arbitration, he answered that he does not know.He denied when put by the Defendant that the land matter for which Ex. “F” was made by the Ebiri counsel of Chiefs was heard and determined on 29/4/87. He also admitted when put that Chief Chukwu Izuka the maker of Ex. “G” was still alive and was in Ebiri Council of Chiefs in 1994 when the purportedly swore to Ex. “G” He admitted when put further that the said Chukwu Izuka did not come to Umuahia High Court to give evidence during the pendency of the case at the High court and further said that it was they the plaintiff alerted the said Chukwu Izuka about the facts which he used for the said Affidavit resulting in Ex. “G” Answering another question put, P.W.I, admitted saying in his evidence that his Ancestor Opaisi gave Emerson Eme’s family some picce of land to live on an when asked the name of the land so granted, he said it is part of Plaintiffs’ land called Mgbele Ogbo, he further admitted that Mgbele Ogbo is not in dispute between the parties in the present dispute, but insisted that it has common boundary with the land in dispute. The following took place: Q: — What is the name of that piece of land Opaisi gave to Emerson Eme’s family to live It is part of our land called Mgbele Ogbo is Mgbele Ogbo in dispute between you and me No your Honours, but it has common boundary with the land in dispute What is the traitional nameof Emerson Eme’s family in Amaofufe They are called Ogbu Item family What is the relationship between Emerson Eme and the 2™ Defendnat Nwachukwu Klau ‘They are of the same family Do you know the history if Amaofufe very very well yes Sir Who open the compound called Amaefi It was opened by Opaisi my Ancestor How many compounds did opened in Amaofufe village . He opened three compounds while his father opened the one he lived on. What was the name of the compound opened by his futher Itis called Ndi Uga. Who was Uga Uga was the father of Ibube the father of Opaisi You told this court in your evidence that Ofufe was the father of Ibube, who was the father of Opaisi, the father of Uguru, the father of ogbuisi, your father where then comes Uga in the lineage Uga is ancestral name to the family of Ibube Ofufe You told this court that Opaisi founded three compounds ‘Yes your Honours POPOEOe ORLRORIn the beginning of Amaofufe how many compound were founded originally. Tt was one compound before others were established When others came into existence, how many in all Four in all ‘Name the four (1) Ndi Uga (2) Elu Okom (3) Amaefi and (4) Amaelu Have you ever heard of a man called Eke Ude Yes Sir In what connection? He is from Amaelu compound of Amaofufe Have you ever heard of a compound called Ndi Eke Ude There is no compound like that in Amaofufe POROPOROROR © The P.W.I. who said he was born in 1964 and is 35 years of age said that all Amaofufe people are not living in the land now in dispute, that those living in the land in dispute came from old compound on the invitation of the first Defendant and members of his family, Answering another question put by 1° Defendant, P.W.L. stated that the movement from the old compound to the land in dispute started in 1987 while his father died in 1968. He denied when put that he was born at Ndi Ejim Ibina in 1964 that his father was still living there until his death, He equally denied as untrue when put by the 1" Defendant that all the children of his father were born at Ndi Ejim Ibina where his father lived, died and was buried. ‘He equally denied as unture when put that it was after the Biafran war that his Most senior brother Mr. Ogbonnaya Ogbuisi came to Amaofufe and told 1* Defendants’ senior brother Chief G. E. Ukaegbu that his father on his sick bed told him that they should go back to Amaofuufe where they belong. On 15" day of September 1999 Chief O.C. Ukadibia of Eziama Ipbere gave evidence as P.W.II The witness who said he was a professional Teacher said he is the chairman of Saint Patrick Church Igbere and that he was mandated to come to confirm and "identify Ex. “A” as the agreement between the land donor Mr. Ogbuisi Uguru, father of the Plaintiffs and the Catholic Church Igbere fn fe Stated further that the original was given to the Plaintifts by the church in 1996 and that the contents of the agreement speaks for itself. fing cross examination by 1" Defendant, P.W.2 admitted chat Ex. A was not ed as it presently looked at the time it was given to the Plaintiffs in 1996 Reyerend father Dominic Ibe the parish Priest, that it was now covered for on. He maintained that Ex. “A” is the original document and not thephotocopy of the original and that original is even printed on it. He maintained that the Catholic Mission is a party to Ex. “A” On 16/11/99 Mr. David Okeke Imo gave evidence as P.W. Hl. He said that he is from Ndi Agboto in Ibina-Ukwu Igbere and that his land named Ukwukwa- nta has common boundary with Okposi land of the Plaintiffs now in dispute That he use to farm on his own land and had farmed on it even this year. That he is 83 years of Age and have been seeing the father of the Plaintiff farm the land in dispute during his life time and at his death, his children now the Plaintifis took over. During cross examination, P.W.III stated that he left Igbere in 1929 to live in Aba as apprentice trader and later in 1940 left Aba to live in Jos and left Jos to return to Igbere in 1966 and have been farming his land since then. Answering another question put by 1° Defendant, P.W.IIL. said that he knew the father of the Plaintiffs and that he lived at Amaofufe when he knew him, He admitted knowing nothing else about the land in dispute beyond the area he has common boundary with the Plaintiff. On 18/1/2000 Mr. Abel Otete of Isimgbele Ibina Ukwu Igbere gave evidence as P.W.IV. The witness who said he is a farmer, said he has common boundary with this land in dispute which he said belong to the Plaintiffs, Answering questions put to him by 1* Defendant, P.W.IV sta‘ed that the name of his own land which has common boundary with that of the Plaintiffs now in dispute is called Mgbele-nta and that others who shares boundary with his own land includes: Irokwew Okunnebe, Okebe Ijiegbe, Okenwa uzorigwe and Ndi Okorocha kindred. He denied that there was any abandoned old road called wzo Agu near his land but admitted that there is a portion of land around that area called Ogugu Akpo. © Mr. Mbaonu Kalu of Ibina Ukwu also testified as P.W,V. the witness who said he knew the father of the plaintiffs later Mr. Ogbuisi Uguru, said that hi kindred has common boundary with him in the land in dispute which he said belong to Ogbuisi Uguru that they have been farming on their own portion of the land since he was born and have been seeing the father of the Plaintiffs and Ais children farm on the land in dispute. P.W.V. said he does not know his Age ‘but that he retired from traditional service nine years age (Igboto-nma) ering questions put by 1** Defendant, P.W.V. said his land is also called land though not in dispute and is situated by the lef hand side of the road leading to Amankalu Igbere from Onu Igbere that the name of his family compound is Ndi Azu in Ibina Ukwu and that his land also shares on boundary with Ndi Okwoma, Ndia-mbe, and Ezi-ukwu, That since he is bon, he had been residing at home. He denied knowing about the case een Eziukwu bina and Amaofufe people over the land in diOn 21/2/200 Mr. Abel Okorocha Uke of Ezi Ukwu Ibina testified as P.W.VI. ‘The witness who said he lives at No. 11 Nwaguru street Aba and a trader, said he is from Ndi Okorie family of Eziukwu Tbina. He said that his own land shares common boundary with that of the Plaintiffs now in dispute, That he is 55 years of Age and has been farming on his own land for well over 40 years. ‘That he farmed there in 1999 and still has a cassava farm on his land. That during these periods, he always saw Ogbuisi and his family farm on their own portion in dispute. Answering question put by Barrister E.B. Ukaegbu for the Defendants. P.W.VI. said he does not know the Defendant’s family in this suit very very well, and stated that Okposi land consists of farm land and residential areas and that he knew where Plaintiffs resides in the residential area of the land in dispute. He said he does not know whether the house of Chief G.E. Ukaegbu has been on the spot it is before, the Nigeria Civil war, Elder Ochiagha Obidike Arisa of Ndi ke Ndi Mbe Ibina Ukwu Igbere gave evidence as PW. VI The witness who said he was a carpeater and farmer and that he knew the parties in dispute and the land in dispute called Okposi which he said shares common boundary with his own land called Ukwukwa-nta. That ‘he was bon on 12" day of October 1947 and have followed his father to farm on their own portion and still farm on his land even till presently and that during those years, he has been sceing the family of the Plaintiffs farm on the land now in dispute. Answering question put to him by 1 Defendant, P.W. VII. Said he is an ordained Elder of the Christ Ascention Church 1984 Foundation Constitution. He further stated that his land is their family land and that the Head of their Ndi Eke family section is Mazi Chukwu Otaka who was still alive and older than the wtiness, He named his other boundary neighbours as Néi Azu; Ezi Ukwu and ndi Agboto. That he is of Ndi Osisi Ogwo family of Eziukwu. Mr, Abara Agwu of Ndi Okwoma Ibina Ukwu Igbere gave evidence as P.W. Vill. The witness who said he is a farmer said his land shares common boundary with the land in dispute which he said he use to see Ogbuisi Plaintifls father and his family farm on, He said he was in his early sixties, said he cannot remember how long he started farming on his land but that it has been up to two years when he last farmed on his own portion of the land, He also ‘stid that Ke does not know the 1" Defendant. That the name of his land is "called Mgbele-nta and is at the right hand side of the tarted road leading to " Amankalu Igbere from Onu Igbere. 30/5/2000 Mr, Reuben Ukeje of Isiegbu Amankalu Igbere gave evidence as P.W. IX, The witness who said he knew the parties in dispute end also the landin dispute called Okposi which he said belong to the Plaintiffs father. That his own land called Isi Igu shares common boundary with the land in dispute. That the Plaintiffs land called Okposi also had common boundary with Tbina Igbere people and that it was Ogbuisi’s family of the Plaintiffs that gave the Roman Catholic Mission the land where they built their Church and school in Okposi Land. During Cross examination, P.W. IX said that Elu Isiegbu Amankalu Igbere was made up of six compounds and that his own compound is called Ndieeyee and has common boundary like some other compound with the land in dispute. On 15/1/2001 Mr. Okereke Ogburubi Onwumere testified as P.W.X. This witness who came as a result of being served with subpoena said he is from Agbo Owerre Onu Igbere and a Mason by Profession until he became blind . He claim to know both parties to the dispute and knows the land in dispute. That their own land shares common boundary with the land in dispute, towards the side of the old native Court and Igbere Health Centre and Defendants’ homes that the name of their own is called “Azu Court” that he does not know the name of the land where the old native Court, Igbere Hea'th Centre and Defendants’ home are situated and does not know who granted the land where the Health Centre is sited. That he does not know the cause of the litigation but only knew that he was dragged to this court to give evidence. He further "said that he does not know the Defendants came to reside at their present aboard. That he does not know one Kalu Onwumere in person but that he was the Elder brother to his father. That he has never heard that the said Kalu Onwumere ever gave evidence in 18/1/1957 in favour of the Plaintiffs? claim as regards the ownership of the land where the old native Court was sited. Defendant did not cross examine this witness. The court was duelly informed about the death of the 2™ Defendant, On 7/5/2001, Surveyor Enyioma Okebugwu Nwogu testified for the Plaintiff as P.W. XI. The witness who gave his address as 188 Hospital Road, Aba said he know the Plaintiffs. ‘That he surveyed their land at Igbere which is the land in dispute, That he produced a Plan of the land in dispute whici ke handed over to them for filling in Court, He identified the Survey Plan OSN/ABO/1/2000 | of 14/1/2000 which was then tendered and admitted as Exhibit “H". That the boundaries of the disputed land were shown to him by the Plaintiffs, also shown him were Buildings, roads, and some economic trees etc. He named the boundaries as at the West side with land of Ndi Okwoma Ibina, at the North West by land of Agbo Owerre family, North by Ezi Ukwu Ibina, land of Ndi ‘Azi, land of Nde Mbe, land of Emerson Eme of Amaofufe, part of the Plaintiffs’ not in dispute, On the East, land of elu Isiegbu Armankalu down ‘south by land of Isi Mgbele Ibina, land of the Plaintiffs’ not sx dispute, land of maofufe village and land of Emerson Eme.During Cross examination which took place on 26/2001 the witness refused to accept as true when put that by the Defendant that the Plan he made in relation to the land in dispute was wrong because it failed to include 3 very important features namely (1) The old home of the defendants which has common boundary with land in dispute, (2) The prominent Ogwugwu Akpo land and (3) The Old Uzo-Agu Road, all which has common boundary with the land in dispute. He stated that the relevant features that pertains to the land in dispute are in the plan. On 21/1/2002 the 1* Plaintiff Mr. John Kabra Ogbuisi testified as P.W. XII. ‘The witness who said he knows his co-plaintiff and that he is his junior brother that he knew all other Plaintiff s” witness and also knew the, Defendant who is on representative capacity. ‘That he also know the land in dispute called Okposi which is situated in Amaofufe Autonomous Community, He identified Ex. H as the survey plan of Okposi land. He said that the land in dispute belongs to them the Plaintiffs, That the land was deforested by Ibube Ofufe their ancestor who begat Opaisi, who begat Uguru who begat Ogbuisi who begat the Plaintiff — Ogbonnaya, Paul, John the P.W. XII and Ndukwe respectively. ‘That the Defendants are not related by blood to Ibube Plaintifi’s Ancestor the founder of the land. That Defendant's family are strangers from Arochukwu, That Defendants’ family know as Ndi Ekekwe Ugo in compound of the family of the other Defendants known as Amefi and Elu Okom are traditional native cow slaughterers. Customs and tradition of Igbere, ‘That according to Igbere custom, trat only stranger elements slaughter cows that every born of Igbere does not by tradition slaughter traditional based native cows (Bull). That his lineage does not slaughter cows as a tradition of Igbere He further stated that Defendants intermarry amongst themselves as strangers. That Plaintiffs do not intermarry with the other 3 compounds, Defendnats, “That it is the custom of Igbere that the head of every animal slaughtered in Amaofufe is returned to Plaintiffs’ family. That Ndi Ngere in Amaukwu Igbere is the traditional head of the “Akan” cult ‘in Igbere while Plaintiffs’ family are the neck. bo, that the Ikoro drum is now situated at Ndi Olowo in Thina —nta who are ‘indigenes. The Witness tender the authority to sue which was admitted as x. I.During cross examination the witness admitted that four of them namely: Ogbonnaya Ogbuisi, Paul Ogbuisi, John Kabra Ogbuisi and Néukwe Ogbuisi are the Plaintiffs and that the four of them including their wives and children constitutes what they regard as Ndi Uga village. ‘The witness who said that he knows his personal history very well, and know his father history both paternally and materilineally very well said that his grand mother was born at Ndi Utazi, Ndi Ejim in Tbina Igbere and that the Mother of his grand father bor at Isi Mgbele Ibina Igbere. That his own mother was born at Amagbo Elu Ahafia Ibina Igbere and that his grandmother was born at Ndi Otukpo Isi- Magbele Ibina Igbere, denied as untrue when put that his father lived and died at Nai Ejim Igbere his mother’s place. The witness denied as untrue when put by Defendant that a member of his own kindred named Oluka Anyaogu of Ndi Oyendi also know as Ndi Amaelu represented Amaofufe in the native court and after him, later Chief Ukaegbu father of the Defendnat represented Amaofufe in the native Court for over 20 years, The witness said that the persons who represented Amaofufe in the native court were his grandfather Uguru and later his own father Ogbuisi Uguru. ‘The witness also admitted that the land in dispute was before now a vacant land only for farming and that they use to go to farm it with their father. The witness however, claim that they still farm on it even till date, that they have a farm on it presently. He denied as untrue that a greater part of that land is a built up area, But admitted that there are many houses on that land, He denied as untrue when put that the whole Amaofufe people now lives on the land. ‘That some are living in that land while other lives in Tbina he denied as untrue the assertion by Defendant that the first building on that land was erected in 1957 by the first son of Defendant’s father by name Nwachukwu B, Ukaegbu, ‘The witness said that the first house was built on the land in dispute by his grandfather Uguru Opaisi before the witness was born and that the Defendants entered the land in 1987. ‘The witness denied as untrue when put that Okpasi land in its entirety is Amaofufe Communal land and was deforested by Ofufe himself and that nobody ever existed in the history of Amaofufe by the name Ipupe as claim by the witness The witness denied when put that their so called Ndi Uga compound is not a "part of Amaofufe nor the Plaintiffs native of Amaofufe. 11/3/2002 the Defendant opened their defence with Mr. Abel Uche testified as D.W. I. The witness who said he is from Amaofufe and 88 ‘of age and a retired trader said he knows that the Defendant represents sfufe Community and that he also knows the father of the Plaintiffs from Igbere. 154That he knows the land in dispute called Okposi, that it belongs to Amaofufe community. That the area called Ogugu Akpo has common boundary with the land in dispute, He stated further that the compound of Amefi, Elu-Okoba in Amaofufe do not intermarry as they are of same family kindred, During cross examination by 2" Plaintiff, the witness said he is from Ndi Oyendi or Amaelu compound of Amaofufe and is a relation to the Defendant ” Chief E.B, Ukaegbu. He named the three compounds which he claimed made up Amaofirfe community as (1) Elu-okoba (2) Amefi and (3) Nde Oyendi or Amaelu, the witness denied the existence of a family in Amaofiufe known as Nde Opaisi. He said that he does not know who deforested the land in dispute but that he only knows that it belong to Amaofufe community. He also said in answer to a question put by Plaintiff that he does not know who deforested Amaofufe village. He also said that he cannot call all the names of their boundary neighbours in the land in dispute but can only say that they are surrounded by Ibina people. When asked whether there was any Government institution on the Okposi land and if so who gave the land to the Igbere people, the witness replied that there isa school and a Health Center on the land which he claim was granted to Igbere people by Ekekwe Ugo’s family (Defendant’s father). Again when asked whether he knew the family that granted to Eziama Igbere people the land where the Roman Catholic Church was built and also the school on the land in dispute, the witness said the land was granted by Defendant’s father Ekckwe Ugo but when it was put to him that the grantor ‘was Ogbuisi father of the Plaintiffs, he said he does not know. When he was asked about the condition for the grant, he answered that he does not know that he was of tender age then. When he was asked by Plaintiff how then did he know that the grant to Eziama Igbere people was made by Ekekwe Ugo the Defendant's father, he replied that Ekekwe Ugo was their Eldest man in Amaofufe then, The following arguments ensued. ‘You told this court that the Plaintiff are from Ndi Bjim Yes sir Are you telling this court that the testimony of Bkekwe Ugo in Ex. “B” 10 the effect that Nde Opaisi is the first family in Amaofufe is false. Ttis not true According to Ex. “E” Igbere Ebiri Council cf Chiefs declared Ogbonnaya Ogbuisi a member of Amaofufe Community, do you agree No, Ido not agtee, it is not true. Ex “C” made it clear that Ogbuisi Uguru Opaisi is of Amaofufe Community are you disagreeing with that. Ttis not true. Haye you heard of a compound in Amaofufe called Ndi Ugo. No Sir. It only exists in Amankalu,Are you then saying that your people were wrong in your statement of defence in Suit HU/31/83 at the High Court Umuahia where you acknowledged that Ndi Ugah is a compound in Amaofufe. Yes Sir. Give the genealogy of your Amaelu compound. Oyendi begat Anyaogu, Egbuke, Otim and Ugwa. Anyaogu begat Onyejicke who begat Anyaogu who begat myself Uche. In your evidence in chief on 11/3/2002 you stated that there 3 compounds made up Amaofufe, do these compounds have a common Ancestor, Tdo not know. ‘What was the origin of your Ancestor Oyendi, brother the Defendant to enter the land in abe 4 ): why isit like that A: I donot know. (On 3/4/2002, Elder Eze Ogo Igwe Okoroafo Ejieke of Arnaofufe Igbere gave evidence for the defence as D.W. 2. The witness who said he is a native of ‘Amaofufe and a retired Civil Servant conformed that Amaofufe Community appointed the Defendant and Jeremaiah Kalu now deceased to present the _ community in this suit. He said further that Elder Okorcafor Ejieke was his fathet and is now deceased. That he died on 19/6/68. That during his life time, ‘he could read and write and as such that he could not believe the story by | Plaintiffs that his father. Thumb impressed a document tendered and marked Ex. “A” on record. That his late father traveled far and wide as a trader and ‘had business transactions with the white men and that he constantly read his Bible and was ordained an Elder of the Presbyterian Church in 1928 by a " white Clergy Reverend Robert Collins at Elu Ohafia Centcal School. He stated orically that the name and thumb print purported to be of his late in Ex, “A” were all forgeries. That his late father’s nme is Okoroaforoe ml | ae e and not Okoroafor Ejike as contained in Ex. “A”. That his late father was not an illiterate and such could not have thumb printed as in Ex. “A”, During cross examination by 2™ Plaintiff, the witness said the his late father did not have a formal education but that he signs his letters instead of thumb printing. He further said that he safeguarded all his educational Certificate during the Civil war but when asked if he could show the court any of the document signed by His father as evidence of his literecy, the witness said that he could not as all his father’s document were lost during the civil war. He admitted that he only safcguarded his personal document and allowing others to perish with the war. On 17/4/2002 Ezeogo Samuel Bassey Orji of Ameff in Amaofufe gave evidence as D.W. III, The witness who said he is a professional teacher of 68 years old retired but living at Aba and teaching as a Vocation. He said that Amaofufe Community authorized chief EE, Ukaegbu, Peter N. Ibekwe and Jeremaiah N. Kalu deceased to defend this action on behalf of the community. That Amaofufe Community was originally founded by one “Ofuufe”. That the father of Ofufe is called Uhuka of Uhukama in Eke Igbere. That after disturbance at Eke Igbere, Ofufe took over from his farther and founded Amaofufe. That Ofufe begat Ulu who begat Enwonye who begat Ugurukwu who begat Oziza who begat Ogbuitem who begat Akachukwu and other sons. That Akachukwu begat Oji who begat the witness, That Ogbuitem also begat Onyckwuroha, Ikwuagwu and Ugo his only daughter. The witness stated further that he has had of Opaisi the Ancestor of the P!aiatiff in the history of Amaofufe. ‘That Opaisi was a slave boy captured by Ugurukwu during Okposi expedition. That Opaisi begat Uguru named after the man who captured his father. That he was also known as Ugurunta that after the death of Ugurukwu, that Ugurunta assumed the name of his master Ugurukwu and named his son Uguru. That Uguru begat Ogbuisi who begat the Plaintiffs, That in days of old when the warriors goes to war, that they carry a matched and a shield but that their slave servants carry a bag where enemy human heads which they cut off in battle are put, that was how the man was named Opaisi (Carrier of cut off heads) that Opaisi married from Isimgbele Ibina Igbere. ‘That after the liberation of slaves, Opaisi left Amaofufe village of the Defendants to live at Tina Igbere’ due to the fact that he was being ridiculed as a former salve and felt uncomfortable. That Uguru the son of Opaisi and Ogbuisi his son and the father of the Plaintiffs never lived in Amaofufe village. That the Plaintiff were all born at Tbina. That he never heard of the name Taube in the history of Amaofufe, That the people called Nde Eke Ude were there relations and that their compound is still their although nobody lives there presently. ‘That there isa tree still standing in that compound where little children still haunts birds, called “Api” That Ekekwe Ugo was the father of the Defendant Chief B.E. Ukaegbu and that he married Ugo Ogbuitem.tion, the witness said that he does not know how other descendants of Opaisi got their names. The witness in answer to a question put by Plaintiff’ said that he know Okposi land, that it belong to his father, that he heard about the 1956 case resulting in Ex. “B” and is aware that Ekekwe Ugo the father of the Defendant was the 2“ Defendant in that matter. But that he does not know that the father of the Defendant was the spokesperson in that case and that he does not know that the said Ekekwe Ugo father of the Defendant in the present case did gave names of all families in Amaofufe which includes Nde Opaise, the Plaintiffs family. Answering another question put, the witness said that his Amaefi compound do not marry from other compounds in Amaofufe but that other compounds in Amaofufe are free to marry from his compound. Again that the Ancestors of Amelu and Elu-Okoba compounds in Amaofufe were business associates of his Ancestors who came to sojourn with him, That it was their custom in those days of old for a man to be know by the name of his mother and hence the father of the Defendant was known as Ekekwe Ugo which was a descriptive name and not a surname. Answering another question put by Plaintiff, the witness said that Okposi land was deforested by Ogbuitem and that Ogbuitem was the great grandfather of Amaofufe community ~ which according to him excludes Nde Opaisi — the Plaintiff's family, Answering further questions put, the witness said he was not aware of the Umushia High Court case filed in 1998 by Plaintiffs against the other 3 ‘compounds in Amaofufe — Ex. Q and denied ever hearing of the existence of a compound in Amaofufe called Nde Uga. Answering further question put, the witness said that hz does not know the boundary neighbours to the Okposi land now in dispute. ‘The witness admitted knowing late Emerson Eme whom he said was his relation. He also admitted knowing Jonah Ogbueze Obasi whom he said is from Nde agwara family of his Amaefi compound in Amaofufe and a relation of the witness, On 9/5/2002 Chief Bjicke Ukaegbu the Defendant gave evidence as D.W. IV. ‘The witness who said he is a legal practitioner based at Aba, and 73 years of age, said he is from Ndi Oyendi Amaofufe Igbere. He said he know the Plaintiff, that they were born and bred in Ndi Ejim Ibina Ukwu Igbere. That he ‘knew their father whom he alleged also lived, died and was buried at Ndi-Ejim Tina Ukwu Igbere. The witness said he is the son of Ekekwe Ukaegbu, that ‘Ukaegbu his grandfather was born by Uwakwe the son of Egbekuru the son of Oyendi the founder of his kindred who was the son of one Ukairo a native of _ Ndi Okoronkwo, Ndi Eke Amankalu Igbere. He stated further that there are _ three compounds in Ndi Eke Amankalu Igbere namely: (1) the main compound @) Ndi Okoronkwo and (3) Ndi Ukonu that these compound are still today. ‘That ukairo came to Amaofufe and married a woman from Ndi Eke Ude