Chief Godwin Onemu & Ors V. Commissioner For Agriculture & Natural Resources, Asaba & Ors (2019)

LAWGLOBAL HUB Lead Judgment Report

UWANI MUSA ABBA AJI, J.S.C.

The Appellants, as Plaintiffs at the trial Court, sued the Respondents (the Defendants) for a declaration that the parcel of land called Egwe situate in the Neighbourhood of Irri town which they granted to the 1st Respondent for the specific public purpose of using it as a cattle ranch has reverted to them from the moment the 1st Respondent ceased to use it for that specific purpose, as contained at pages 5-6 of the record thus:

a. As against the defendants jointly and severally, a declaration that, that piece or parcel of land known as and called Egwe land lying and situate in the neighbourhood of Irri town within the jurisdiction of this Olah High Court which the plaintiffs granted to the 1st defendant for the specific public purpose of using it as a Cattle Ranch has reverted to the plaintiffs from the moment the 1st defendant ceased to use it for that specific purpose, namely as a Cattle Ranch.

b. As against the 2nd-5th defendants jointly and severally the sum of N500,000.00 (five hundred thousand Naira) being general damages for trespass in that the 2nd-5th defendants

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without the consent or permission of the plaintiffs broke and entered the said Egwe land and commenced farming (cultivating cassava, etc) on the land and also allotting portions of the land to strangers for farming on payment of rent to them.

c. Recovery of possession of the said Egwe land from the defendants.

d. Order of perpetual injunction restraining the defendants jointly and severally, their servants, agents and privies from going on the said Egwe land to do anything whatsoever, including farming or building houses on the land.

e. Any other order or orders as the Court may deem fit to make as the justice of the case demands.

The facts are that the Appellants (with other communities of Aviara and Emede) surrendered their land called Egwe land situate in the Neighbourhood of Irri town in 1973 to the then Ministry of Agriculture and Natural Resources of Bendel State now Delta State for the specific public purpose of Cattle Ranch to rear special breed of cattle from Australia. With the passage of time, the cattle died and the Respondents converted the use of the land for other agricultural purposes which caused the Appellants to sue

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them for the reversion and recovery of same since the specific use for which the land was granted had ceased. At the trial, the Appellants called 5 witnesses while the Respondents featured 3 witnesses. In a considered judgment by the trial Court dated 30/4/99, reliefs 1, 3 and 4 were granted the Appellants. Dissatisfied, Respondents appealed to the Court of Appeal, Benin Division. In its judgment of 28/2/2005, the lower Court allowed the appeal, dismissed the Appellants’ claims and set aside the judgment of the trial Court, hence this appeal by the Appellants.

By a Notice of Appeal dated 25/5/2005, the Appellants formulated 9 Grounds of appeal for the determination of this appeal as contained at pages 225-232 of the record with their particulars. In arguing the appeal, the Appellants vide their learned Counsel filed an Amended Appellants’ Brief dated 29/9/2017 but deemed filed properly on 9/10/2017, settled by Dele Oye, Esq, wherein at page 5 of the Brief, he formulated 4 issues for the determination of the appeal thus:

1. Whether the learned Justices of the Court of Appeal were right in setting aside the findings of the trial Court and holding

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