Benekuku Remains Part Of Umusadege Community, Utagba-Ogbe —Court

ARISING from the judgment delivered
by His Lordship, Justice Michael
Nduka Obi, of the High Court of Justice,
Ughelli, in the Ughelli Judicial Division
in a suit No HCO/03/2007 on Thursday,
March 30, 2017, it is apparently and clearly
established that “Benekuku (Obiogo) remains
one of the seven constituent families
that constitute the Umusadege community
of Utagba-Ogbe clan, now a kingdom in
Ndokwa West Local Government Area.
In the judgment, Justice Michael Nduka
Obi recalled that the terms of earlier settlement
entered as consent judgment among
the claimants and Defendants, in paragraph
two stated that “Benekuku” is among the
seven families such as Umu-Achi, Umu-Nze,
Umu-Akala and Umu-Alama-Ossai, Umu-
Eleke and Umu-Ebo.
He stated that the case which commenced
in 2007 at the High Court, Kwale
has passed through several Judicial Divisions,
including the Asaba Judicial Division
before getting to the High Court of Justice,
Ughelli for trial de novo in April 2015. The
Honourable Judge also explained that the
operative claim in the suit was averred to in
paragraph 29 of the claimants in suits Nos
UCH/43/71, UCH/50/71 and UCH/70/71
against the defendants who were representatives
of Umusadege community of
Utagba-Ogbe.
Justice Nduka Obi before his final judgment
declared that the consent judgment
entered into with respect to the claimants
and the Defendants in suits Nos.
UCH/43/71, UCH/50/71 and UCH/70/71
was still binding valid and subsisting and
the parties should not rely from it, as
sought by the claimants.
Among other eight reliefs sought by the
claimants include a declaration that from
the date the consent judgment was entered
into, members of the claimants (Benekuku
family) have been the oldest males successively
amongst plaintiffs and defendants.
They claimed an order that the 1st claimant
“Onyenike Opone who was the oldest
male and “Okpala-Uku” should be the
overlord of Umusadege land covering Umusadege
mainland and “Obiogo land and his
successors should be the oldest males as
stated in the consent judgment. The claimants
in the suit, who were Onyenike Opene,
Mgbolu Udogwu, Chief Ajuwa Oyemike Anthony
Okwuagwu and Emmanuel Kokonum
also claimed an order that the proceeds and
compensation paid by any person or company
due to both parties, as was contained
in the said consent judgment and should be
shared in the ration of 1-6.
Meanwhile, the defendants, who were
Oloku Onah Chief Odini Ejechi and Chief
Emmanuel Ogbeh for the Umusadege
community, in paragraph 35, of their further
Amended joint statement of defense
raised issues on points of law, which they
sought by a motion and did not object to
the prayers sought by the claimants in the
paragraph 29 (a) and (b) of their further
Amended statement of claim.
Justice Obi also in the judgment, pointed
out that paragraph 29 (a) and (b) of the
claimants prayed for a declaration that
the consent judgment entered into with
respect to the claimants and defendants
in suits Nos UCH/43/71, UCH/50/71
and UCH/70/71 was still valid, binding
and subsisting and the parties should not
resile from it; and the Benekuku family of
the claimants and Umusadege family of
Utagba-Ogbe, an “Okwa” the eldest male
or Okpala-Uku the overlord of Umusadege
mainland and Obiogo land.Osanebi