VICTOR MADUKA Vs. ESEODIMEGWU

JUDGEMENT

(1.) This appeal, which is brought from a judgment of the West African Court of Appeal dismissing with costs an appeal from a judgment of the High Court of Enugu-Onitsha, is concerned with the rival claims of two tribes known as the Umuoris and the Orokwus to a strip of land at or near Onitsha in Nigeria. The appellants, who were defendants in the action, are three members of the Umuori tribe and the respondent, who was plaintiff and purported to sue on behalf of the Chief Aboh of Orokwu, is a member of that tribe. The strip of land in dispute, which will sometimes be referred to as "the disputed land", is a strip of varying width which lies to the west of a line running in a northerly direction from the road from Nobi to Adazi to the Ndide river which is coloured red on the plan being the ex. "a" in these proceedings.

(2.) It is common ground that on 9 October 1942, when these proceedings were commenced by originating summons issued in the High Court of the Enugu-Onitsha Judicial Division, the Umuoris were in occupation of the disputed land and the respondent, as plaintiff on behalf of the Orokwus, brought his action accordingly. It is important to note what he claimed. His claim was in these terms : "The plaintiff claims (A) possession of that piece of land now occupied, built and farmed on by the defendants at Orokwu which said piece of land has been adjudged to be the property of the plaintiff by the High Court of the Onitsha Division in an action between the plaintiff and the people of Adazi-Awka Division..."

(3.) The reference to this judgment becomes plainer as the matter proceeds. In due course the plaintiff put in his statement of claim and again it is important to note what his plea was. The relevant paragraphs are as follows : "3. The land in dispute has from time immemorial been the property of the plaintiffs. 4. The people of Adazi within recent years made attempts to encroach over the boundary between the plaintiffs and the Adazis which resulted in an action in the High Court of the Enugu- Onitsha Division and a boundary demarcated by the Court the proceedings and plan in the said suit will be founded upon. 5. The defendants who with their townspeople were given a portion of land by the Adazis in settlement of a dispute between themselves and the Adazis have occupied the plaintiffs' land in dispute built houses and farmed and still farming on it."