J. B. Atane & Anor V. J. W. Amu (1974)

LawGlobal-Hub Lead Judgment Report

G. IRIKEFE, J.S.C.

This appeal raises very limited issues of law. By their writ before the Auchi High Court, the respondents in this appeal claimed as follows against the appellant herein:

“(a) Recovery of possession of a parcel of Land, with buildings thereon, measuring 1109.93 square yards, demarcated with survey Blocks No. OB 229 to OB 232 and situated at Sabongidda Ora within the Ubiaja Judicial Division.

(b) An account of the rents and profits, payable to the plaintiffs, received by the defendant in respect of the said land and buildings.

(c) An injunction restraining the defendant, his agent and/or servants from further letting of the said properties. Annual rent of the said properties assessed at 25.”It is common ground that the parties to the action are all members of the Sabongidda Ora (hereinafter referred to for brevity as Sabo Ora) community in the Ora Clan, formerly Ivbiosakon District, now Owan Division of the Midwestern State; that the land in dispute, containing an area of 1109.93 square yards is situate in Sabo Ora; that the said land was the subject of a lease for a period of 60 years with effect from 6th September, 1949 between the appellant (for himself and on behalf of the Chiefs and people of Ora) as lessor and the Nigerian Properties Company Limited (one of the companies in the U.A.C. group of companies) as lessees.

The deed of Lease was admitted in the proceedings as Exhibit “A”. The Ora Clan (Owan Division), as the evidence shows, is made up of six village communities, namely, Sabo (otherwise known as Evbiobe), Erne, Ohomora, Oke, Ovbiokhuain and Ohia. Although a good deal of traditional evidence was produced on either side during the hearing, there was, nevertheless, substantial agreement on the main issues. It was, for instance, conceded even by the appellant, that unoccupied land in Sabo Ora is held in trust by the Edion-Urukpa (the two most senior traditional chiefs representing the two quarters of the town) for the community and that a native seeking to utilise such land would have to obtain a customary grant thereof from the said chiefs.

The issue which gave rise to the litigation in this case was whether, as contended by the respondents, the land in dispute was prior to the execution of the lease, Exhibit “A”. unoccupied land and as such vested in the Edion-Urukpa on behalf of the Sabo Ora community, or whether, as contended by the appellant, the land was the subject of a prior grant to him by the Edion-Urukpa and as such his own bonafide property, which he could deal with as he might wish. If it was the former, then upon the surrender of the unexpired term in Exhibit “A” as per Exhibits C and C1, the land in dispute reverted to the Sabo Ora community. If it was the latter it would revert to the ownership of the appellant in dealing with the above issues, the respondents aveited as follows at paragraphs 3, 4 and 5 of their statement of claim:

“(3) The Odion Urukpa of Eguarelu as traditional head chief of Sabongidda Ora has general supervisory and administrative control over the public and communal lands of Sabongidda Ora and on the advice of the chiefs and elders the Odion Urukpa may allocate such lands to strangers with a right, as administrator of the land, to the reversion of such land.

(4) Sabongidda Ora community are the owners of the land measuring 1109.93 square yards, demarcated with survey blocks Nos. OB 229, OB 230, OB 231, OB 232 situate at the comer of Lamonth Road and Agbanikaka Road, Sabongidda Ora, in Owan Division of the Mid-Western State of Nigeria.

(5) The said piece of land is a public land which was used by Sabongidda Ora community first as Eguare Ugha (Sacred home occupied by the most junior Ejere chieftaincy title holder), then as a daily market place before it was leased to Nigerian Properties Company (a subsidiary company of U.A.C.) for a term of 60 years at an annual rent of 10 under a deed of lease dated 6th September, 1949, signed by the defendant for himself and on behalf of the chiefs and people of Sabongidda Ora as lessor. The said deed of lease will be founded upon at the trial of this suit”

The above avertments were transversed thus at paragraphs 4 & 5 of the statement of defence:

“(4) Defendant denies paragraph 4 of the claim. The plot referred to in the said paragraph had been acquired by the defendant in accordance with Ora custom before the lease to the Nigerian Properties Company (a subsidiary of the U.A.C.).

(5) Defendant denied the allegations in paragraph 5 of the claim.”

On the above state of pleadings and after a rather tedious and protracted hearing in which irrelevant matters were apparently admitted in evidence, the lower court found in substance as follows and allowed the respondents’ claim: