CaseLaw
Otogbolu V. Okeluwa (1981) CLR 6(b) (SC)
Judgement delivered on June 19th 1981
Brief
Facts
The land in dispute, which the plaintiff referred to as Okpotokpo Nwobi Otogbolu was originally a flooded piece of land which was reclaimed by his great grandfather called Ogene Okwuosa, who occupied it until his death. The land by succession devolved on Omodi Amaifa Obu Okwuosa, the son of Ogene Okwuosa. He was in turn succeeded in the occupation of the land by Ogene Otogbolu Amaife Obu Okwuosa. In 1954 the said Ogene Otogbolu Amaife Okwuosa, who was the father of the plaintiff and the spiritual head of Umuajada family, gave the land in dispute to the plaintiff for the plaintiff to erect a building thereon. The plaintiff took possession of the land during the life time of his father and planted on the land some economic tress apart from farming on it. Although the plaintiff’s father died in 1957 the plaintiff continued with this act of possession by cultivating the land.
The plaintiff alleged that all the defendants had neither common ancestry nor any blood relationship with the plaintiff’s family (i.e. Umuajada family). He alleged further that the defendants did not share common titles with the Umuajada family and that they (the defendants) were the descendants of stranger elements who came to settle at Atani during the life time of his great grandfather Ogene Olowuosa. The defendants then settled on a large area of land belonging to Umuajada family, and used to pay tribute to the spiritual head of Umuajada family. After the death of the plaintiff’s father, the elder brother of the plaintiff called Enebeli Otagbolu became the spiritual head of the Umuajada family as well as the whole of Atani. The 1st defendant after instigating the stranger elements including the other defendants, not to pay tribute to Enebeli Otogbolu, laid claim to the spiritual headship of Umuajada family. In 1972 the defendants acting in concert and without the plaintiff’s permission entered the land in dispute out down the economic tress planted on the land by the plaintiff and began to erect a building thereon.
The case for the defendants was that the land in dispute was never flooded nor was it ever reclaimed but it had been Umuajada family land from time immemorial.
They claimed that they were related to the plaintiff by blood and that they shared a common ancestry with the plaintiff. They denied that they were the descendants of the stranger elements of Atani. Although they paid tribute to the plaintiff’s father as the head of the Umuajada family they did not do so as stranger elements but as members of the family because every member of the Umuajada family customarily paid such tribute. They claimed that of the death of the plaintiff’s father the 1st defendant was the oldest man among the Umuajada family and he therefore became the spiritual head of the family. Thereafter the 5th defendant approached 1st defendant for a piece of land to be allocated to him so that he could build a house thereon in which to live. In November, 1972 following a general meeting of the Umuajada family the 1st defendant granted to the 5th defendant the land in dispute. The defendants referred to the land as “Ani Umuajada”. The defendants alleged that the land in dispute was last built upon by one Azugwu Uzoalo who died about 60 years ago and that since his death the land lay fallow until it was allocated to the 5th defendant in 1972. The economic trees grown on the land were cut by the 5th defendant while clearing the bush other land in dispute, on the instruction of the 1st defendant. The 1st defendant claimed that he it was that planted the economic tress and not the plaintiff.
The High Court found the evidence of the plaintiff more favourable and gave judgment in his favour.
The defendants successfully appealed to the Court of Appeal. The plaintiff has now appealed to the Supreme Court.