Enugu Customary Court Resolves 60 - year Old Land Dispute

An Enugu customary court, has resolved a 60 year- old land dispute in favour of the plaintiff who was said to be five years when the land was reportedly shared by his three elder brothers among the four sons of Oshaba Ugwuanyi of Mboshi, Aji. 

Christopher had told the court that his three elder brothers, now all deceased, shared his father's parcels of lands when he was a toddler in 1965, noting that although they were all dead now, their children who were older than himself had continued to harass and intimidate him to surrender the little parcel of land he was occupying in his late father's compound.

According to a certified true copy of the judgement, Christopher had told the court, "The lands in dispute belong to my father, Oshaba Ugwuanyi. The lands are situate at Uwani and Uwelu Mboshi Aji. The people entitled to inherit these lands are the four male children of my father, who survived Oshaba Ugwuanyi.

"However, three of the sons are now deceased, leaving only my humble self as the surviving male son. Our father did not share his lands for his children and since he died, our family lands have not been shared. 

"Out of 25 grandsons of my father, 21 have built houses on the disputed lands; only my four male children are yet to build. I built and live on the land. The dispute is that some of the grandsons of my father do encroach on the area I am living, saying that it is a general land belonging to all family members.

"I was only five years when my father died in 1965, and since my father died, our family land has not been shared The members of Umu Ugwuanyi Okoro family, (where we belong) were once invited to share the land for us but the defendants refused."

The plaintiff further told the court that the plaintiffs once instigated both the members of the Aji Community Neighbourhood Watch and the Aji Council of Elders to beat him mercilessly over the land dispute at different times.

According to him, the Aji Council of Elders instigated the Oshagenyi Masquerade to beat him and his wife at the Onyishi's palace for fighting for his rights.

The three defendants Boniface Omeh Nwa Oshaba; Anthony Abuguja Nwa Oshaba and Silas Ayogu Oshaba denied the plaintiff's claims, noting that the lands were shared and demarcated for the four male children of their deceased grand father.

They also said that the "plaintiff was a child and didn't understand what was happening then, however Nwadaja Ossai, (his step mother) represented him. 

In a unanimous judgement signed by the Judges Boniface Abugu, and Joseph Arji, and read by the Chairman, Boniface Abugu, after a visit to the Locus Inquo, the court noted that "the plaintiff's case succeeds in part and ordered that Oshaba Ugwuanyi's compound at Mboshi Uwani now becomes his own, even as same shall serve as the access route to his land at the back of the house while the rest distributed and demarcated land of Omeh, Abuguja and Ayogu at Mboshi Uwani remain as they are and the ownership and possession of same continues undisturbed."

Furthermore, the court ruled that, the boundaries of "the land of Ayogu Oshaba at Mboshi Uwenu, Aji be shared into three equal parts; while Ayogu takes two- thirds of that land...be divided into four equal parts to be distributed to the four male children of Oshaba Ugwuanyi, namely Omeh; Abuguja; Ayogu and Christopher."

According to the court, "During the division / partition of Mboshi Uwenu land as ordered above, consideration and regard should be given that, where a house falls into any portion, the sub- family unit that owns the house, should have automatic right to choose that portion," even as defendants were restrained from encroaching, tampering, interfering or trespassing into the plaintiff's land as ordered above.

"There is no order as to damages or costs as parties are to bear their respective costs."

Counsel for the plaintiff, Barrister Wilfred Ojobor, described the judgement as victory to the rule of law, noting that the court had done much for Christopher who was being oppressed as he was the only son of his son of his mother in the family.