Umunweke Family Land Dispute: Court Declares Claimant Rightful Owner

A Port-Harcourt High Court presided over by Justice L. L. Nyordee has declared Mr. Ezekiel Anele (Claimant), the rightful ownership of disputed farm lands of the Umunweke family of Umuode Akwukabi in Elele Local Government Area of Rivers State.

The disputed farm lands include Ekwesi, Okwu Nchii, Okwu Igba Uzo WAKWU, Oboro, Ogbaku farm lands as well as Okpulu kieke palm plot/land.

Justice Nyordee in his ruling in a suit No. PHC|101|2001 between Mr. Ezekiel Anele (Claimant), and messers Emmanuel Anokwuru, Cleopas Anokwuru and Felix Ukomadu Amadi (Defendants) said after hearing from the both parties their counsels and witnesses for eleven years come to conclusion as follows. That “An order of declaration is here by made granting the claimant entilement to the customary right of occupancy over the following disputed 8 farm lands of the Umunweke family of Umuode Akwukabi Etche  as mentioned above”

An order of perpetual injection is hereby made restraining the defendants, themselves, agents, Servants, Bevies and how so ever from entering the  claimants lands as contained in the above order.

He, however, did not grant the claimants and defendants for damages on the ground that sufficient evidence was not given by the claimants in support of the claim for damages as well as the defendants claim of damages against the claimant on the ground that they failed to show satisfactory evidence was led by them in proof of special and general damages as sought in their counter claim and ruled that parties shall bear their respective costs.

The presiding judge while resolving the three issues brought before the court, averred that the defendants do not in any way disputed the fact that Abel Amadi was of the Amadi Nwaogu lineage, “the evidence of the Cw2 in collaboration of the handing-over of the land was not challenged.”

“I believe the Cw2 especially for the fact that he, being not related to any of the parties is a witness of truth, whose interest in the subject matter is not one that is compromised, I therefore accept that there was such handing over of the lands in dispute to the claimant not in his capacity as a person but as the sole male survivor of the Anele family. That hand over by one of the Defendants Amadi Nwaogu family in 1981, and in the presence of the 1st Defendant to my mind put a seal to the legitimacy of the transfer or hand over of the lands and nullifies what ever factors or traits that might have tainted the biological status of the claimants.

According to him, the  claimant  claim that the defendants are not of the same lineage with him of the Umunkweke is sustained because of the DWI’ s in this regards devoid of consistency with the pleading of the Defendants goes to no issue and can not prove that the Defendants are of the same Umunkweke lineage that owns the land in dispute.

The suit commenced by way of a writ of summons on the 24th August, 2011 and against the Defendants themselves and  by representing all the members of Amadi Nwaogu family of Umuode Akwukabi Etche.

The claimant Mr. Ezekiel Ande sought a declaration by the court to grant him customary right of occupancy over eight farm lands namely Ekwesi Okwu Nchiri Okwu Igba, Uzoulakaru, Oboro, Ogbaku, Okwu Egbe farmlands and Okpuhu Chuke palm plot land all in Umuode, the sum of N8, 350,000.00.

Eight million, Three Hundred and Fifty Thousand Naira only being the cost general and damages for trespassing into the farmlands by the defendants. As well as perpetual injection restoring the Defendants or either their agents servants provides, pledges assignees from entering the disputed lands.

The Defendants on their counter claim against the claimant sought the following reliefs, the sum of five million as general damages by the claimant, a declaration by the  court that both the claimant and the defendants are descendants of Nweke Ogbuku Ode and therefore members of one larger family Akorukabi and in accordance of Etche customary law and practice. All property items including farm lands of the Umunweke family or lineage is jointly owned by all the descendants of Nweke family.