Chief Benjamin Bassey Usang & Ors V. Mr. Samuel Inah Okon & Ors (2016)

LawGlobal-Hub Lead Judgment Report

PAUL OBI ELECHI, J.C.A. 

This is an appeal against the Judgment in suit No. HUG/32/2012 delivered by E. E. Ita J on the 13th day of June, 2014. The Learned trial Judge dismissed the Appellants’ claim. Dissatisfied with the said Judgment, the Appellants have now filed this appeal challenging the said Judgment of the Lower Court.

At the Lower Court, the Appellants filed a Writ of Summons on the 1st November, 2012 and claimed against the Respondents as follows:

(a) A Declaration that the Appellants (Claimants) are entitled to the customary right of occupancy of all that parcel of land known as and called Akamafe Family Land lying and situates at Ekakankpolo Farm Road in Old Assiga Town in Yakurr Local Government Area which was reserved for Akamafe Family members, bounded in the North, Agric, South with Health Centre/Akpasang Land, East by the part of that same land demarcated and given to Awamuah Family, West, Ayeova/Abobili Family lands respectively.

?(b) A Declaration that the Claimants (Appellants) are entitled to the customary right of occupancy of all that parcel of land Known as and

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called Akamafe family land lying and situates at Oboh/Secondary Farm Road in old Assiga Town in Yakurr Local Government Area which was reserved for Akamafe family members, bounded in the North by Aduwo family, south with the Aduwo family, East by Secondary School and West by Ayeora/Akasang/Akpong family lands respectively.

(c) Perpetual injunction restraining the Respondent defendants, their agents, servants, privies, hirelings cohorts etc. from further trespassing, entry, remaining on the part of Akamafe family land lying and situates at Ekakankpolo farm road, bounded in the North by Agric, South with the Health Centre, East by the part of that same land demarcated and given to Awambah family and West by Ayeora Abobili family lands respectively and the Akamafe Family land lying and situates at Aboh/Secondary farm land bounded as stated in claim 1(b).

(d) Special damages for the destruction of 200 Agric Palms at N10,000.00 per stem totaling N200,000.00; 150 Native Palm trees at N5,000.00 total is N1,100,000.00.

(e) General damages of N5million for trespass and damages to the Appellant family land aforesaid.

(f) Cost of action at N600,000.00.

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The facts of this case as presented by the Appellants is that the Appellants are the beneficial owners of the parcels of land in dispute which said land devolved to them by way of inheritance in accordance with the custom of Assiga people of Yakurr Local Government Area, Cross River State.

The Appellants’ land in dispute was acquired through original title by their forefather – one Omini Okon who is among the 12 families that first settled in Assiga in very remote antiquity. The said Okon was a great hunter and farmer; he acquired the various portions of land and farmed extensively on them by shifting cultivation with his family members. Upon his death, the headship and trusteeship of the land devolved on Ette Etene then to Etin Esen, Uket Ojong, Chief Ibor Usang and then to Chief Benjamin Bassey at present.