Madam Eunice Enabulele Vs Madam Omoyevbese Agbonlahor (1999)

LAWGLOBAL HUB Lead Judgment Report

ONU, JSC.

The appellant who was the defendant in the trial High Court- the High Court of Bendel (now Edo) State holding in Benin City – was sued by the respondent, therein plaintiff, who claimed:

“(a) A declaration that the Plaintiff is entitled to a Statutory right of occupancy in respect of the said piece or parcel of land measuring approximately 1,283.3 sq. yards.

(b) N5,000.00 general damages for trespass committed by the Defendant on Plaintiff’s said land.

(c) A perpetual injunction restraining the Defendant, her servants or agents from committing further or other acts of trespass on the said plaintiff’s land.”

The facts of the case may be briefly stated as follows:-

For the respondent, it is that in 1972, she applied to the Oba of Benin through the Plot Allotment Committee for Evbareke for a plot of land, approval for which was conveyed to her on 2nd February, 1973. She said that because the appellant trespassed on the said piece of land in 1987, she sued her in the trial court claiming the above reliefs.

The appellant’s case on the other hand is that in 1970, one Ajayi Erhabor who happened at the time to be the Chairman of the Evbareke Plot Allotment Committee applied through that Committee for 14 plots of land. That the application was approved on 8th June, 1971 by the Oba of Benin vide Exhibit G. That the plot in dispute, Plot 296, was one of the 14 allotted to Ajayi Erhabor who entered into possession and subsequently by a deed of gift, gave the said Plot 296 to his son Kennedy Ajayi who farmed thereon by planting cashew and pineapple. That Kennedy Ajayi later sold the said plot of land to the appellant for the sum of N1,000.00 vide Exhibit L. That that sale was in 1974 and the appellant who entered into possession thereof, erected buildings thereon. It was this act of trespass by the appellant that led the respondent to institute this action at the Benin High Court claiming title under Benin Customary Law.

Pleadings having been ordered, filed and duly exchanged, the case went to trial before Akpomudjere, J. who in a well considered judgment found for the respondent by granting her all her claims on the 26th January, 1990 with costs.

Being dissatisfied with the said judgment of the High Court, the appellant appealed to the Court of Appeal, Benin Division (hereinafter in this judgment referred to as the court below) which dismissed the appeal on 16th April, 1993.

The appellant has further appealed to this court upon a notice of appeal dated 19th April, 1993 and filed the same day containing nine grounds. The parties subsequently tiled and exchanged briefs of argument in accordance with the rules of this court. The appellant’s original brief dated 8th March, 1994 and filed the same day having been amended by an amended brief dated 17th September, 1996, the respondent’s brief dated the 18th day of May, 1994 and filed on 25th day of May, 1994 was filed in response thereto unamended.

Two issues were formulated at the appellant’s instance as arising for our determination. They are:-

Whether having regard to Exhibits A and G the Respondent has established a prior title under Benin customary law as to defeat the interest of the Appellant and her predecessors in title on the land in dispute.

Whether taking cognisance of the whole evidence before the court the Plaintiff/Respondent has proved her claim under Benin Customary Law as to entitle her to the declaration and injunction sought.