William Osayogie V. Bright Edokpayi (2004)

LawGlobal-Hub Lead Judgment Report

AYOBODE OLUJIMI LOKULO SODIPE, J.C.A.

This is an appeal against the judgment delivered on 23/3/2001 by the High Court of Edo State holden in Benin City (hereafter simply referred to as “the lower court”) presided over by Hon. Justice J. O. Sadoh (hereafter simply referred to as “the learned trial Judge”).

The Respondent (as Plaintiff) instituted the case against the Appellant (as Defendant) claiming a declaration of entitlement to the grant of statutory right of occupancy to a parcel of land, damages and injunction. The lower court in its judgment granted the reliefs sought by the Respondent.

The Appellant in the main controverted the case of the Respondent and denied the Respondent’s entitlement to the reliefs sought, The Appellant also set up a counter-claim against the Respondent in relation to the land in dispute.

Parties called witnesses in the proof of their respective cases. They also tendered documentary evidence. The Respondent testified in his own behalf and called other witnesses in the proof of his case. The Appellant equally testified in his own behalf and called other witnesses in the proof of his case. After being addressed by learned counsel to the parties, and having also evaluated the totality of the evidence adduced before it, the lower court found the Respondent to have succeeded in his claims and entered judgment in his favour with costs against the Appellant.

Being dissatisfied with the judgment of the lower court the Appellant lodged the instant appeal by a Notice of Appeal dated 17/4/2001 and filed on 20/4/2001. The Notice of Appeal contains five grounds of appeal. The Appellant subsequently filed an Amended Notice of Appeal dated 23/2/2011 on 9/3/2011. This process was deemed to have been properly filed by the Order of this Court granted on 2/7/2012. This process equally contains five grounds of appeal.

Parties duly filed and exchanged Briefs of Argument in compliance with the Rules of this Court. The appeal was entertained on 6/2/2014 with S. O. Ojeme (Miss) of counsel for the Appellant (and who it was that settled the Amended Appellant’s Brief of Argument dated 23/2/2011 and filed on 9/3/2011), adopting and relying on the same in aid of the stance that the appeal be allowed. B. O. Okoduwa (Mrs.) of counsel for the Respondent equally adopted and relied on the Respondent’s Brief of Argument settled by A. E. Odiah Esq. dated 21/5/2008 and filed on 23/5/2008 but deemed to have been properly filed and served on 13/9/2009, in urging this Court to dismiss the appeal.

Two issues (which were not married to the grounds of appeal) were formulated for the determination of the appeal from the five grounds of appeal, in the Amended Appellant’s Brief of Argument (hereafter to be simply referred to as “Appellant’s Brief of Argument”). The issues are: –

“1. If the Administrators of Elema Estate grant a piece or parcel of land to a Beneficiary absolutely for his benefit, can they grant the same land to another person?

2. What legal right has a trial court to reject any admissible evidence barring proof of fraud in respect thereof.”

These two issues were argued together in the Appellant’s Brief of Argument.

Two issues (which were married to the grounds of appeal) were formulated for the determination of the appeal in the Respondent’s Brief of Argument. They read thus: –

1. Whether the trial court was right when it rejected the documentary evidence, which purportedly transferred interest in land tendered by the Appellant having regard to their patently detective nature and if the answer is in the affirmative, whether the rejection of the documentary evidence has occasioned miscarriage of justice having regard to the totality of evidence before the court.

2. Whether or not the learned trial judge correctly and properly evaluated the evidence the evidence proffered before him by the parties leading to his holding that the respondent is entitled to a statutory right of occupancy in respect of the land in dispute.