CaseLaw
Omoregie V. Aiwerioghene (1994) CLR 1(j) (CA)
Brief
Facts
The plaintiff's case was that on the 3rd day of April, 1964, she applied for a building plot through the Plot Allotment Committee of Ward 43B, Ogida Quarters. Some two pointers were sent with her to inspect the plot which measured 100 by 50' and situate along Siluko Road and demarcated by Ward beacons bearing the following numbers, - 574, 572, 570 and 573. There were no rubber trees on the plot. One of the two pointers is now dead, he is Elijah Okponmwan; the other is one John Ogida, who testified as P.W. 4. The pointers reported back to the Allotment Committee which recommended her application to the Oba for approval. The oba gave his approval on 11th August, 1964, the document is Exhibit 'B'.
She took possession of the land immediately after the approval and started to farm on it. Sometime in 1978, she gave the plot on rent at the rate of N50.00 per month to a woman called Janet Aigbe for the purpose of moulding blocks. At a stage, however, the woman defaulted in payment of rent and so plaintiff sued her in Magistrates Court, Benin City.
In 1983, she found a certain mechanic called Gazer Uwagboe, operating a workshop on the land and on being questioned, it was found that he was put on the land by the defendant, Ayo Aiwerioghene. Plaintiff's Solicitor wrote to the said Gazer Uwagboe on 26th October, 1983, a copy of which is Exhibit 'D'. The Solicitor also wrote to the defendant but there was no reply. Consequently, the said Gazer Uwagboe, packed and left the place. But the defendant proceeded to deposit concrete slabs and blocked the entrance to the plot and in spite of warnings, he refused to vacate the land.
Plaintiff's litigation survey was carried out by P.W. 1, I.F.U. Iyawe, a Licensed Surveyor, who prepared Plan No. ISO/BD/902/84, tendered as Exhibit 'A'
The Enogie of Evbogida, Chief Ogida is P.W.3. He was the Chairman of the Plot Allotment Committee of Ward 43B from 1963 - 1978, that is, during the period when the plot was approved for the plaintiff. He confirmed that his committee processed the application after the pointer had inspected the land and found that there was no dispute over it and that it had not been given to someone else. He could see his signature on the document, Exhibit 'B'.P.W. 4, John Ogida, testified that there was one pear tree on the land. He knew that the defendant's father had a farm in the area which contained rubber trees and he knew the extent of the said farm. He said that the plot which was approved for the plaintiff is about 200' away from the farm belonging to defendant's father. He confirmed that he also signed the document which shows that a farm in the area containing rubber trees belonged to defendant's father.
The defendant denied the plaintiff's claim in an amended statement of defence, and confessed and avoided some salient averments in the said Statement of Claim. The defendant's case was that the land in dispute is his and that it forms part of a larger parcel of land which was conveyed to him by Oba Akenzua II, in June, 1964. But before then, the larger parcel of land had been given to his father, David Aiweioghene, about 1930 by Oba Eweka. That his father took possession of it and planted on it rubber trees; he also built on it a hut, where his workers stayed and in which they dried rubber. When his father died in 1952, the property passed to him as the eldest son after completing the burial ceremonies. He, however, had to approach the Oba of Benin for a further assurance that the land still remained that of his father, but then, the Oba wondered if it had not been given to some other person as at the time, which was 1961, he had set up a Plot Allotment Committee for the area. To ascertain the true position, the Oba directed him to get a certification from the Plot Allotment Committee and he was given a document tendered as Exhibit 'G'. After considering the said document, the Oba prepared another document by which he conveyed to him the entire area which was originally granted to his father, the conveyance is Exhibit 'E'.
He was later to meet one Janet Aigbe on the land, but when he asked her to vacate the land, she decided to acknowledge his ownership and to pay him rent. He also found a mechanic, Uwagboe, on the land, but as he would not pay him rent, he asked him to quit.
Defendant stated further that at a point in time, the Plot Allotment Committee in the area tried to encroach on his land so he went before the Oba and made a report. That the Oba called up the Ogidas to the Palace and when the matter was looked into, the Oba decided in his favour. He tendered a written decision of the Oba as Exhibit 'H'. He later obtained a Deed of Conveyance, Exhibit 'E' registered as No.14 at page 14 in Volume 15 of the Lands Registry in the Office at Benin City.
The defendant's story was corroborated by D.W.3, Osayande Uhumwanghe who was Secretary to the Oba of Benin from 1954 - 1982.
The learned trial Judge, after considering the evidence of both parties, dismissed the appellant's claim in its entirely. Dissatisfied, the appellant to the Court of Appeal.