The Respondents are descendants of one Chibunze, a lineage of Umu-Ofuonye larger family. The Appellants are also members of the said Umu-Ofuonye family. The dispute between the parties at the High Court of Anambra State, was largely an intra family dispute over piece of land, known and called Isi-Ekpe land. In 1940, a dispute over the said Isi-Ekpe land arose between the Umu-Ofuonye family and Umu-Ogbocha family. The Egbeagu village intervened and successfully arbitrated in the dispute. The parties submitted to the arbitration and oath taking procedure was adopted. The Umu-Ogbocha agreed that if the Umu-Ofuonye family successfully took the traditional oath, the land will become theirs. The Umu-Ogbocha placed juju on the land. Within the Umu-Ofuonye family only, Chibunze agreed to take the oath. He eventually took the oath and survived. Thereafter the said Chibunze and his descendants had laid claim to the ownership of the Isi-Ekpe land to the exclusion of other members of Umu-Ofuonye family (represented by the Appellants), who insisted that the land remained the joint property of the entire Umu-Ofuonye family. At the trial, the Appellants relied on traditional history, against the direct evidence of the Respondents. The trial Court, in its judgement, found for the respondents. Dissatisfied, appellants appealed to the Court of Appeal, Enugu, which dismissed the appeal and affirmed the decision of the trial Court. Appellants further appealed to the Supreme Court.

CHIMA CENTUS NWEZE, J.S.C. (Delivering the Leading Judgment)

The Supreme Court dismissed the appeal.

Ifeanyi Obiakor, Esq. For Appellant(s) Fidelis O. Anyanegbu, Esq. For Respondent(s)

CUSTOMARY LAW - OATH TAKING - Whether parties who resort to oath taking to settle land matter/ any dispute are bound by it and position of the law on application of common law principles in such matter

CUSTOMARY LAW – OATH TAKING – Whether parties who resort to oath taking to settle land matter/ any dispute are bound by it and position of the law on application of common law principles in such matter

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CUSTOMARY LAW – OATH TAKING – Whether parties who resort to oath taking to settle land matter/ any dispute are bound by it and position of the law on application of common law principles in such matter

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CUSTOMARY LAW – OATH TAKING – Whether parties who resort to oath taking to settle land matter/ any dispute are bound by it and position of the law on application of common law principles in such matter

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