Mrs. Iriagbonse Orumwense V. Dr. Daniel Amu & Anor (2008)

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CHIOMA EGONDU NWOSU-IHEME (Ph.D), J.C.A.

The Appellant in this appeal who was the Plaintiff in the Court below had sued the Respondents who were Defendants at the lower court, claiming the following reliefs:

(A) A Declaration that the plaintiff is both the legal and equitable owner of all that large piece or parcel of land measuring 928.804 square meters, registered as No.30 at page 30 in volume 774 at the Lands Registry in Benin City, lying and situate within K.S. Okeaya-Inneh’s Estate at Isiohor, Ugbowo Housing Estate, Ugbowo, Benin City, delineated and marked as Plot NO.34 in a Survey Plan No. ISO/BD/1328/89 of 16th October 1989 bounded by Beacon Nos. BOD 1228 – BBD 1147 – BDD 1146 and BDD 1227 respectively.

(B) A Declaration that the plaintiff is entitled to possession and statutory right of occupancy of the piece of land measuring 928.804 square meters delineated in Survey Plan No. ISO/BD/1328/89 of 16/10/1989 bounded by Beacon Nos. BDD 1128 – BDD – 1147 – BDD – 1146 BDD 1127 respectively marked as plot 34 within the larger areas of land of K. S. Okeaya-Inneh’s Estate Layout at Isiohor, near Bendel Development and Planning Authority Housing Estate, Ugbowo, Benin City.

(C) An Order of possession in respect of the land in favour of the plaintiff;

(D) A Declaration that any purported claim by way of sales from any person by the Defendants is null and void.

(E) An Order of perpetual Injunction restraining the Defendants either by themselves or their servants/agents from dealing with the said lands either by building or sales in a manner that is inconsistent with the legal rights and interest of the plaintiff.

(F) N5,000,000.00 (Five Million Naira) special and general damages for trespass onto the land described in (a) above against the Defendants jointly and severally.

Pleading were dully filed and exchanged. At the trial, both parties testified on their respective cases, at the end of trial, the learned trial judge Oniokpaku CJ dismissed the case, Dissatisfied with the Judgment of the lower court, the appellant appealed to this court on Four Grounds of appeal (One original Ground, and three additional Grounds) which are here in set out without their particulars as follows:

GROUND OF APPEAL

1. The judgment of the learned trial Judge is against the weight of evidence.

ADDITIONAL GROUNDS OF APPEAL

2. The learned trial Judge erred in law when he held in the part of the judgment that:-

“I hold similarly in the present case in Court that when the Military Governor, Col. J. T. Ogbeha signed on 27th August, 1989 in Exhibit M, he thereby gave his consent to the Deed of assignment from the Assignor, K.S. Okeaya-Inneh, Esq. of all his rights and interest (as the assignor) in the parcel of land, Plot No.34 in the Okeaya-Inneh layout at lsiohor to the Assignee, Adaze Wilson Imafidon, and which consent has not been withdrawn. And that this said assignment Exhibit M, became effective from that said date, 27/8/89 and divested Okeaya-lnneh, Esq., of all his rights and interest in Plot No.34 From that date and the formal stamping and registration date of 28th March 1990, a later date within the provisions and the one year period allowed in paragraphs 3 and 5 of the consent letter in Exhibit M” and came to a wrong decision in dismissing the appellant’s case.

3. The learned trial Judge erred in law in holding in that part of the judgment that:

“Finally in the present case before the Court, it is clear that after validly executing Exhibit “M” in favour of Adaze for plot No.34, the land in dispute, there was nothing left for 1st P.W, Okeaya Inneh, Esq., to convey to Iriagbonse and the Governor had consented to nothing in Exhibit “B”. That is, the purported Assignment in Exhibit “B” is void and of no effect,”

and came to a wrong decision in dismissing the Appellant’s Case.