Compulaw - 1st Indigenous Digital Law Library

Brief

Identity of land
Survey plan
Bini Customary Land Law
Pleadings
Section 137 (1) and (2) of the Evidence Act 1958

Facts

In this suit, the appellant (plaintiff in the trial court) sued respondents (defendants) for the following reliefs:

1
Declaration of Title to all that piece or parcel of land situate lying and being at ward "A" Aikhionbare Avenue, behind the Government Reservation Area, Benin City within the Benin Judicial Division, property of the plaintiff and which parcel of land shall be particularly described and delineated on the plan to be filed by the plaintiff in this Honourable Court. The annual value of the land is N40.00.
2
Possession of the said land;
3
N400 being damages for trespass committed and is still being committed by the Defendants by themselves, their servants and/or agents on the said plaintiff's land.
4
A perpetual injunction restraining the defendants, their servants and/or agents from committing further acts of trespass on the aforesaid land".

Pleadings were ordered and were duly filed and delivered.

Both the appellant and the 1st respondents filed plans of the land in dispute. In the course of the trial, the 1st respondent applied by way of motion, to amend his statement of defence and plan. There was a protracted trial in which both parties, appellant, 1st respondent and a brother of 2nd respondent as well as several witnesses testified.

The case of the appellant, on the pleadings and evidence, was briefly that the land in dispute was granted to him by His Highness the Oba of Benin on 16-4-62 following his application to the relevant plot allotment committee Ward "A" Benin City dated 28th February, 1962 and the recommendation of his said application for the Oba's approval. The recommendation of the Committee was dated 6th February, 1962. The documents on which the appellant relied were tendered at the trial as Exhibits C, 1 and C. 2. On the other hand, the 1st respondent's claim to the land was based on purchase of same from the 2nd respondent on 10th February, 1972. Conveyances dated 11th February, 1973 were executed in his favour. They were admitted in evidence at the trial as Exhibits K.K.1. The 2nd respondent, Chief Jonathan Elema, had sold the land in dispute in his capacity as one of the administrators of the Estate of his father, the late Chief Elema. The land sold was said to have been granted by His Highness, the Oba of Benin to the 5 year old daughter of the late Chief Elema, Anna Elema, following Chief Elema's application dated 26th February, 1962. When she predeceased her father, this land fell into the estate of her father. No evidence was given as to the Benin Customary law on this part of the case. The document signifying the Oba's grant of the land in issue to Anna Elema dated 21st April, 1962 was tendered at the trial as Exhibit G. 3rd and 4th respondents bought portions of the land in dispute from the 1st respondent and were content to rest their case on his.

At the end of the trial, the learned trial judge, Ogbobine J. on 28th February, 1977 dismissed the appellant's case. The Federal Court of Appeal set aside the judgement.

Issues

a
Whether the learned Justices of Appeal were correct when they dismissed...

Uhunmwangho V. Okojie (1982) CLR 9(b) (SC)

Judgement delivered on September 17th 1982

Brief

Facts

Issues