Chief Ewona Obo & Ors V. Chief Otaba Obaji & Ors (2016)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

MOJEED ADEKUNLE OWOADE, J.C.A.(Delivering the Leading Judgment)

This is an appeal against the Judgment of the High Court of Cross River State, Obubra Judicial Division delivered on 2/5/2014 by his Lordship, Honourable Justice Edem Ita. By a Writ of Summon filed on 08/03/2010, the Respondents as Claimants, claimed against the Appellants, as Defendants as follows:

1 . A Declaration that the people of otegha ? non paternal family of Ogamana are entitled to the customary right of occupancy over the “OGBOGHlM – RUK FARM LAND” which land is bounded in the North by the landed property of the 3rd claimant paternal family, south by the contiguous landed property of the Otegha-neng Ohane- edda road the land is bounded by a seasonal stream bed that channel water (during rainy season to the “Udiriberebere stream,’

2. An Order of perpetual injunction restraining the Defendants either by themselves, their privies, agents, servants, hirelings, cohorts, cronies or assigns from entering, interfering, trespassing or further entering, interfering or trespassing into the said piece, parcel or expanse of land.
3. N5,500,000.00 damages for trespass made up

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of N500,000 special damages and N5,000,000.00 general damages.

The Defendant/Appellant counter claimed as follows:

1. A Declaration that the Defendants/counterclaimants are entitled to a Customary Right of Occupancy over their communal land known as lkwa-sisek bounded to the North by Okpecho land of Ofenekom, South by Upipi land of Ofenekom, East by Ekpah land of Ofenekom and West by Ijebel Ogunude Road.
2. An Order of perpetual injunction restraining the claimants, their agents or assigns from trespassing into the said parcel of land.
3. The sum of N10,000,000.00 (Ten Million Naira) general damages for trespass.

The case was heard on the following pleadings of the parties.

1. Statement of Claim filed on 08/03/2010.
2. Amended Statement of Defence and counter claim filed on 08/07/2013.
3. Amended Reply to statement of Defence and Defence to Counter Claim filed on 03/12/2010.

?Hearing of the case commenced on 16/03/2011 before Onyebueke, J but was concluded before Justice Edem Ita Koofreh who on the Application of the Respondents/Claimants adopted testimonies of PWs 1-6 given before Justice A. A. Onyebueke and even

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the examination in Chief of DW.1 and testimonies of DW2 and DW3. Exhibits 1-5 tendered through Claimant?s witnesses were admitted before Justice Onyebueke while Exhibits 6-8 were tendered and admitted before Justice Edem Ita Koofreh.

Both parties claim ownership of the land in dispute. Parties called the land by different names and gave contrasting boundaries to the land in dispute thereby putting identity of the land into dispute. Both parties relied on traditional history in proof of their respective claims.

The Learned trial Judge resolved the sole issue formulated by his Lordship against both parties by finding that none of the parties has led evidence to prove ownership of the disputed land. However, his Lordship made declaration of title and injunctive reliefs in favour of the Respondents/Claimants.

Dissatisfied with the Judgment, the Appellants at first on 8/7/2014 filed a Notice of Appeal containing three Grounds of Appeal and later by Amended Notice and Grounds of Appeal filed on 25/9/2014 but deemed filed on 17/5/2016 complained with seven (7) Grounds of Appeal.

The Relevant Briefs of Argument are: