Edward Uwetan Omadide V. Chief J.o. Adejeroh & Ors (1976)

LawGlobal-Hub Lead Judgment Report

FATAYI-WILLIAMS, JSC

In these proceedings commenced in the High Court of Bendel State sitting at Warri, the plaintiff, now appellant, claimed against the defendants, now respondents, as follows:

“1. As against all the defendants jointly and severally the sum of N3,000 (Three Thousand Naira) being damages for trespass committed by the defendants who sometime between 1972 and 1973 without plaintiff’s consent broke, entered upon, sold and/or bought a portion of plaintiff’s Ekelegho family land known and called IVWOVWO, lying situate and being along the Effurun-Ughelli Road, Effurun, within the Warri Judicial Division.

2. As against all the defendants jointly and severally an order of perpetual injunction to restrain all the defendants, their servants, and or agents from committing any further acts of trespass to the said land.

3. As against all the defendants, an order of this Honourable Court setting aside the sale or lease of the said portion of the land by the 1st defendant to the 2nd defendant as evidenced by a deed of conveyance made between the 1st defendant and the 2nd defendant on the 16th day of November, 1972 and registered as No. 22 at page 22 in Volume 163 in the Land Registry, Benin City. And also setting aside the sale or lease of the same said portion of land by the 2nd defendant to the 3rd defendant as evidenced by a deed of conveyance made between the 2nd defendant and the 3rd defendant on the 6th day of April, 1973 and registered as No. 39 at page 39 of Vol. 178 in the Land Registry, Benin City.

4. A declaration that the said piece or parcel of land Ivwovwo land lying, situate and being along the Effurun-Ughelli Road which said piece or parcel of land forms part of the UWHE family land is the property of the EKELEGHO FAMILY branch of the said UWHE FAMILY and not the property of the 1st, 2nd and 3rd defendants individually or jointly nor is it the property of UWHE FAMILY as a whole”.

Pleadings were ordered and duly delivered by the parties. Paragraphs 4 and 5 of the plaintiff’s statement of claim read –

“4. This action is supported by plan No. LSU 735 prepared by Chief L.S. UFOEGBUNA, Licensed Surveyor on 16th February, 1974 and duly countersigned by the Surveyor-General of the Midwestern State on 4th May, 1974.

5. On the said plaintiff’s plan filed with this action is shown verged yellow the entire IVBOVBO LAND of the EKELEGHO family. The material portion of the said plan and land to this case is the portion verged PINK. The said portion is on the right hand down side of the land as the crow flies north. The said area is clearly marked as the area sold to Chief J.T. Kodesoh (2nd defendant) by Chief J.O. Adejeroh (1st defendant) and which the plaintiff later found to be sold by Kodesoh to Chief D.G. Uloho (3rd defendant)”.

In his reply to the above averments, the 1st and 2nd defendants averred in paragraphs 4 and 5 of their own statement of defence as follows:

“4. As regards paragraph 5 of the statement of claim, 1st and 2nd defendants deny the plaintiff’s claim to ownership of IVBOVBO LAND. The said land is the property of UWHE family (represented by 1st defendant) save portions given out by the family.

5. 1st and 2nd defendants deny the accuracy of plaintiff’s Survey Plan referred to in paragraphs 4 and 5 of the statement of claim, especially as regards the location of portions alleged sold to 2nd and 3rd defendants”.

In his own defence, the third defendant said that he was not in a position to admit or deny the plaintiff’s averment in paragraph 5 of his statement of claim. He, however, answered the averment in paragraph 4 of the statement of claim in paragraph 6 of his own statement of defence as follows:

“6. In further answer to paragraph 4 of the statement of claim the 3rd defendant says that Plan No. LSU 735 prepared by Chief L.S. Ufoegbuna filed by the plaintiff in support of his claim tells lies about itself as it fails woefully to show the exact position of the piece or parcel of land bought by the 3rd defendant from the 2nd defendant”.