Chief Frank Ebba V. Chief Warri Ogodo & Anor. (1984)

LawGlobal-Hub Lead Judgment Report

ESO, J.S.C.

In the High Court of Justice, before Ogbobine, J. Chief Warri Ogodo and Washi Ogodo took out a summons on behalf of themselves and the Ogodo family of Sapele claiming –

“(1) a declaration of title to all that piece or parcel of land known as Ugbeyiyi and the surrounding land up to the land boundary between Chief Asagba of Amukpe and Chief Ogodo of Sapele lying and situate in Ogobobare, Sapele,

(2) an order for the payment over to plaintiffs of whatever amount was received as compensation by the 2nd and 3rd defendants from the then Western Regional Government of Nigeria by falsely representing themselves as owners of Ugbeyiyi and the surrounding land in Ogobobare, Sapele; and

(3) an order for the payment over to the plaintiffs the amount of N1,200.00 (one thousand two hundred naira) received as ten years rent by the 2nd and 3rd defendants from Koloko Bone Crushing Company Ltd. Sapele by falsely representing themselves as owners of Ugbeyiyi and the surrounding land in Ogobobare, Sapele.”

There was also, as against only the 2nd and 3rd defendants –

(4) “a declaration that they have forfeited their rights of use conferred under native law and custom on them by the plaintiffs in that the 2nd and 3rd defendants set up title adverse to the plaintiffs’ title in respect of Ugbeyiyi and the surrounding land in Ogobobare, Sapele.”

but again, as against all the defendants –

(5) “a perpetual injunction restraining them, their agents and servants from entering the said plaintiffs land known as Ugbeyiyi and the surrounding land in Ogobobare Sapele.”

Pleadings were ordered and delivered. Evidence was led by both sides, and in a painstaking judgment, which involved the sifting of the various evidence given by diverse witnesses, the learned trial judge accepted the evidence that Ogodo Village was founded by the late Chief Ogodo. He rejected the evidence that Chief Ogodo founded the Ugbeyiyi Village, wherein is Ugbeyiyi land, that is, the land in dispute. The learned trial judge also found that the system of land ownership in Sapele was primarily on family basis, in the sense that each family owned the portions of land which were founded by their ancestors. It was about the year 1943, that the land owning families in Sapele decided to convert their family ownership of certain portions of their land into a communal tenure, that is the Okpe Communal Lands Trusts. Thereafter, but in respect of such lands that are made subject to the Trusts, the title of the families who owned them originally became extinguished. However, the families’ titles to those lands, which have not been made subject of the Trusts, remain indefeasible.

Another aspect of land ownership in Sapele is that there is a principal family in each of the four quarters of the town and each quarter also has some minor families who are also land owners with right to sell or deal with their leases without asking for or obtaining the consent of the principal family.

The learned judge found that Ogodo family is a principal family whereas Ebba family is a minor family in the quarter to which both Ogodo and Ebba families belong. It is to be appreciated that the Ebba family is the second defendant/appellant and the judge found that this family, though a minor family in the quarter, were the owners of the land in their possession.

Another important finding of the learned judge is that the entire land which is being claimed by the 2nd defendant/appellant, Chief Ebba, as specified in his survey plan, which was accepted in evidence as exhibit “M”, is almost fully built up, and it has been so built up by those to whom the family gave the land. The judge rejected what he termed the excuse put up by the plaintiffs that the land in dispute between them and the defendants prevented the plaintiffs from proceeding against the 2nd defendant. This finding is very important having regard to paragraphs 14, 15 and 16 of the statement of defence which read –

“14 In the 1950s when the timber trade improved the economic life of Sapele, the Okpe Community in Sapele obtained second defendant’s permission for DARRNHOWER COMPANY (NIGERIA) LIMITED and Nigeria Hardwood Limited to establish business at separate portions of the land.