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Case Digest

DAPPA V. INENGIM (2020)

Court of Appeal, Port Harcourt Division

Coram
  • Ejembi Eko JCA (Presided)
  • Modupe Fasanmi JCA
  • Stephen J. Adah JCA
Parties

Appellants:

  • Chief Edughom Wille Dappa
  • Chief Sesseny Aselem
  • Mr. Anthony Duma Okporo
  • Mr. Akeodi Idema
  • Mr. Christian Mopho
  • Mr. Namasi Obinom

Respondents:

  • Chief (Hon.) Ephraim S. Inengim (Capt. Rtd.) J.P.
  • Chief Sokari Igu
  • Chief Samuel Nelson Mopho
  • Chief Ilekima Anwusalem
  • Chief Loyal Sunday
  • Mr. John Loyal
  • Oye Oghu Okuru
Suit number
CA/PH/542/2013
Delivered on

Background

The case of Dappa v. Inengim revolves around a dispute over the stool of Uwema Emelesue, located in Rivers State, Nigeria. The respondents claimed that the position is hereditary, exclusively belonging to the Olem family. They filed for declaratory and injunctive relief against the appellants, seeking recognition of the first respondent as the rightful holder of the stool and challenging the claims of the appellants, who represent the Onyoma family. The trial court ruled in favor of the respondents, prompting the appellants to appeal.

Issues

The primary issues addressed in this case include:

  1. Whether the trial court's judgment favoring the respondents was justified based on the pleadings and evidence.
  2. The legal standing of the respondents in pursuing the action.
  3. The hereditary nature of the stool and the proper family jurisdiction.

Ratio Decidendi

The court found excellence in the factual findings of the trial court, particularly regarding the hereditary claims and the legitimacy of the respondents’ title to the stool as belonging to the Olem family, affirming the discretionary power of the court to grant such declaratory relief.

Court Findings

The Court of Appeal dismissed the appeal, upholding the trial court's findings that:

  1. There was credible evidence supporting the respondents’ claim of hereditary succession to the stool of Uwema Emelesue.
  2. The appellants failed to prove their claims despite assertions about their connection to the stool.
  3. The evidence, including documents and testimonies, was sufficient to affirm the trial court's decision.

Conclusion

The court concluded that the trial court's findings were sound and supported by evidence showcasing the Olem family's rightful claim to the stool. The appeal by the appellants was found to lack merit and was dismissed.

Significance

This case underscores the importance of evidence in civil disputes regarding traditional rulership in Nigeria. It also exemplifies the court's adherence to principles of evidence law as established in the Evidence Act, 2011, emphasizing the evaluation of contradictions and documentary evidence over oral assertions, ultimately protecting Indigenous traditions and claims of succession.

Counsel:

  • M.B.R. Urombo
  • H.D.D. Uwom