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CaseLaw

Agbonifo Vs. Aiwereoba (1988) CLR 2(m) (SC)

Judgement delivered on February 19th 1988

Brief

  • Bini customary land tenure
  • Possessory title
  • Identity of land in dispute
  • Presumptions
  • Tampering with & Forging of documents

Facts

Before a Benin High Court the plaintiff in a claim amended in paragraph 14 of the Amended statement of claim, claimed against the two defendants as follows.

  • i
    Declaration that the plaintiff is entitled to possessory title under Bini Customary Law of the parcel of land lying situate along Eboigbe Street, Upper Sakpoba Road, Ward 18/H Benin City and verged red on Plan No. ER 2251 filed with this statement of claim and therefore entitled to a certificate of occupancy in respect of same under the Land Use Act.
  • ii
    N1,000.00 (One thousand Naira) general damages for trespass committed by the Defendants their servants or agents unto the said land.
  • iii
    Perpetual injunction restraining the Defendants their servants or agents from entering the said land or in any way interfering with the plaintiff’s rights in or over the said land.

At the hearing after the exchange of pleadings each party called evidence and their counsel addressed the Court. The learned trial Judge, Idahosa, J. in a well-considered judgment preferred the case by and on behalf of the plaintiff and entered judgment for him. On appeal, the Court of Appeal, Benin Division proceeded to make many findings of fact contrary to those of the trial Judge and at the end of the day, allowed the appeal, set aside the judgment of the learned trial Judge and interest judgment for the defendants. The plaintiff has appealed to this Court, with leave of the Court of Appeal.

Issues

  • 1
    Whether the Court was right to substitute its views for the views of the...
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