CaseLaw
State V. Nwaoboshi (2003) CLR 5(h) (SC)
Judgement delivered on May 16th 2003
Brief
Facts
The Delta State Government approved a Chieftaincy Declaration stating the customary law regulating succession to the title of Obuzor of Ibusa as per Legal Notices Nos. 6, 7, 8 and 9 of 1995 published in the Delta State of Nigeria Extra-Ordinary Gazette No. 28 vol. 5 of 21 June, 1995. Persons who called themselves kingmakers wrote to the Government requesting that the selection and appointment of one Professor Louis Cheluno Nwaoboshi (now the 1st Appellant) be approved and the staff of office presented to him.
A letter dated 20 June, 1995 from the Government to the Chairman, kingmakers Committee appeared to have conveyed the nod given by the Military Administrator of the State to the selection of Professor Nwaoboshi as the Obuzor of Ibusa. The letter which seemed to have been on the directive of the Military Administrator proceeded to say in paragraphs 2 and 3 as follows:
After hearing evidence and addresses of counsel, the learned trial Judge, (Desalu, J.) dismissed all the three arms of the claim in their entirety.
The facts in brief, are as follows: the land in dispute formerly formed part of the land owned by one Aige, a Yoruba man and native of or an indigene of Ikorodu, Lagos State under customary law or native law and custom. On his death intestate, the property devolved on his children as family property. At some time later, the family decided to partition the family property at Aige family and allotted the land in dispute to one of the descendants of Aige by name Chief T.K. Dada. After his death, the family conveyed by deed of grant the said parcel of land to:
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 learned trial Judge found that there was evidence (from the plaintiffs) that there were other children and grandchildren of Chief T. K. Dada who were not mentioned in Exhibit A. He therefore found that those other children and grandchildren acquired no interest in the land granted. The learned trial Judge observed that there was no averment in the statement of claim that the Aige family ever granted or allotted the land in dispute delineated on Exhibit A to Chief T.A. Dada.
The plaintiffs sued in a representative capacity for themselves and on behalf of the entire members of Oturadewun Tefojukan, Kutimoju Dada branch of Aige family.
The learned trial Judge held that there was no evidence of relationship of the 2nd and 3rd plaintiff with Chief T.K. Dada. He found that the 1st plaintiff is the son of one Efuneye, one of the grantees.
The plaintiffs/respondents predicated their claim on Exhibit A and from the content of Exhibit A, the parcel of land granted was to the named grantees. Their heirs and assigns in fee simple. It was not to the grantees for themselves and the entire members of Chief T.K. Dada's branch of Aige family. The learned trial Judge therefore dismissed the claim. The plaintiffs then appealed to the Court of Appeal and succeeded.