CaseLaw
Ojo V. Azama (2001) CLR 1(b) (SC)
Judgement delivered on 26th January, 2001
Brief
Facts
The appellant (as Plaintiff) at the trial Court claimed for declaration of title of the land in dispute verged PINK in Plan No. 150/BD/504/83 – Exhibit ‘A’. He also claimed N20,000.00 (twenty thousand Naira) damages for trespass and an injunction against the Respondent in respect of the said land. The Appellant’s claim of title to the disputed land was based on a transfer from one Felix Irabor (PW. 5 at the trial) in 1967 which transfer was later reduced to a Deed of Conveyance in 1970 vide Exhibit E and registered as instrument No. 46 at page 46 in Volume 92 of the Lands Registry, Benin City.The Appellant’s Vendor (PW.5) had bought the land from one Samuel Ogbewe and had through Egwa Edaiken Plot Allotment Committee in charge of Ward 23/L (where the land is situate) applied and obtained the Oba of Benin’s approval for transfer of the land to him on 1st November, 1962 vide Exhibit D.
The Respondent in her defence and counter-claim – the latter in which she did not claim title but only special damages – alleged she bought the land in dispute from one Immaculate Osanwonyi (D.W.1) who in turn obtained approval of the Oba through Ward 23/L Allotment Committee on 12th April, 1962 – Exhibit ‘K’. It was the Respondent’s further case that the transfer of the disputed land to her by DW.1 was documented. The learned trial Judge in his judgment dated 10th November, 1989 dismissed the Appellant’s claim in its entirety on the ground that his title (PW.5’s approval) was later in time than the Respondent’s title (DW1’s approval), apparently on the conviction that DW.1’s title was validly transferred to the Respondent. The learned trial Judge also found that Respondent’s counter-claim for special damages was not proved but nonetheless awarded in his (Respondent’s) favour N500.00 general damages for trespass against the Appellant.
On 4th July, 1994, the Court of Appeal, Benin City (hereinafter in the rest of this judgment referred to simply as the Court below) dismissed the Appellant’s appeal, although it allowed his appeal against the N500.00 awarded as general damages in favour of the Respondent. Being further aggrieved by this decision of the court below, the Appellant has now appealed to the Supreme Court.