Delta State Customary Court of Appeal sitting in Asaba, led by Hon. Justice C.N. Ojugbana-Orishedere, has upheld an appeal brought by an appellant, one Blessing Iwedike Utomi, on behalf of the Isah Ogwashi-Uku community and one Andrew Udoyi against the judgement of the Aniocha South Customary Court, Ogwashi-Uku, over a disputed land in the community.

The lower court had ruled in favour of the respondents, Prosper Abua and Monday Abua, but the Court of Appeal set aside the judgement and upheld the appeal.

In an earlier judgement delivered by Justice Ogbeifun Maria (Chairman), AI. Ajifoh and Joseph Chukwuma (members) on July 13, 2022, the Aniocha South Customary Court sitting in Ogwashi-Uku dismissed the plaintiffs’ claims and entered judgement in favour of the defendants in their counter claim while restraining the plaintiffs with damages awarded against them.

Dissatisfied, the plaintiffs appealed against the judgement in which they raised seven grounds of appeal.

The grounds of appeal partly read: “The learned trial chairman and members erred in law when they held that the plaintiffs/appellants’ traditional history was inconclusive, that the court erred in law when it held that the plaintiffs did not lead evidence to show how the land was founded and who the intervening owners were, that the court erred in law when they held that the defendants counter claimants’ traditional history was more believable.”

Other grounds were that “the court erred in law when it held that the plaintiffs’ evidence was contradictory to the effect that the land was both communal and personal land”. They disagreed with granting the defendants’ counter claim with respect to a non-identifiable and unascertainable land as well as co-signing of the judgement by Mr. Chukwuma Joseph, the 2nd member as one of the persons who rendered the decision as contained in the judgement.

The appellants also averred that the judgement was against the weight of evidence.

“The reliefs sought were an order allowing the appeal and setting aside the judgment as well as an order granting the reliefs sought by the plaintiffs in the lower court.”

In a ruling on the appeal, President, Customary Court of Appeal, Delta State, Justice Ojugbana-Orishedere and other justices, G.N. Dele Okafor, G.I. Abanre, J.S. Gberevbie and F.E. Akumagba, after listening to submissions of parties, noted thus: “We hold that the participation of Chukwuma Joseph, second member, Aniocha South Customary Court, Ogwashi-Uku in the delivery of the judgment appealed against, when he did not fully participate in the hearing of the evidence of the witnesses vitiated the judgment delivered by the court on July 13, 2022 and made it a nullity.”

The other grounds of appeal were also upheld by the court. “For these reasons, particularly on account of the fact that the whole judgment is a nullity, this appeal succeeds in part and to the extent that the judgment of the Aniocha South Customary Court, Ogwashi-Uku in Suit No. ASACC/123/2019 is hereby declared a nullity.”

The court, therefore, ruled that “all orders made by the lower court, including the order of injunction and damages, are hereby set side”.

Reacting to court the judgement, a community leader from Isah-Ogwashi, Aniocha South Local Government Area, Apostle Utomi Iwedike Francis, lauded the judgement, saying the founders of Isah-Ogwashi-Uku were Odia and Ebite.

He disclosed this in a chat with newsmen in his country home at Isah-Ogwashi Uku. Apostle Utomi said Odia and Ebite were of same parents and were notable hunters that came from Ishiekpe Quarters of Ogwashi-Uku to discover and occupy the virgin land called Isah-Ogwashi-Uku, adding that their father was Oseawinor.

He said the process of owning land according to the custom of Isah-Ogwashi-Uku is clearly known, adding that it was the process, Odia and Ebite passed through to become the founders and rightful owners of Isah-Ogwashi- Uku Community, because they discovered it as a virgin land and occupied it with their families.

The community leader said trouble started when some strangers sold Isah-Ogwashi-Uku lands to some prominent people from Ogwashi-Uku, which led to investigation of the sales of the lands by the strangers, but it was later discovered that the entire lands at Isah-Ogwashi-Uku including the ones sold by the strangers belong to Utomi families.

He said the recent appeal court judgment was in favour of the Utomi families, as the rightful owners of the entire lands at Isah-Ogwashi-Uku.

Utomi said with the appeal court judgement, the families of Utomi are the founders and rightful owners of the entire lands at Isah-Ogwashi-Uku, adding that nobody, group of persons, corporate organizations and others have the right to lay claim to any parcel of land at Isah-Ogwashi-Uku.

Also, Chief John Utomi, a retired police officer, applauded the judgement and thanked the judiciary for justice done.