Chief Ignatius Okeke & Anor V. P. C. Mike Eze (2013)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

AMINA ADAMU AUGIE, J.C.A. (Delivering the Leading Judgment)

The dispute over a piece of land situated at Alahun/Osunba Estate, Ajia village, within Badagry Local Government Area, Lagos State, which led to this Appeal, started in 1994, and by an initial Writ of Summons, dated 26th February 1996, the Respondent as Plaintiff sued Oba Haruna Olaiya Okike, the Head of Alahun Osunba Family (deceased) and the Appellants at the Lagos State High Court. Both sides amended their pleadings a number of times, however, by an Amended Statement of Claim dated 18/11/1998, the Appellant claimed –

1. A Declaration that the Plaintiff is the owner and the person entitled to apply for and obtain statutory Right of Occupancy over the parcel of land situate, lying and being at Alahun/Osunba estate, Ajia village particularly described and delineated in survey plan No. – – drawn by S O E Ifowodo, licensed surveyor and dated 6th October, 1984.
2. Possession of the said parcel of land located at Alahun/Osunba Estate, Ajia Village particularly described and delineated in survey plan ES/5941/1984
3. The sum of N2, 402,000 as special damages and cost of things destroyed in the four Plots of land.
4. The sum of N1,000,000 only as general damages by the defendants
5. An Order of Perpetual Injunction restraining the Defendants by themselves, their heirs, servants, workmen, agents, privies, and assigns however from further interfering, trespassing or entering the said parcel of land.

The 1st Appellant, who was the 2nd Defendant, filed an Amended Statement of Defence and Counter Claim dated 25/2/2003, and he counter-claimed for –

1. A Declaration that the 2nd Defendant is the owner and the person entitled to apply for and obtain Statutory Right of Occupancy over all those 2 (two) plots of land lying, situate and being at Alahun estate at Ajia village, measuring – – 1419.657 square meters together with the building and appurtenances (‘the premises’).
2. N5, 000,000.00 only being both special and general damages caused by the Plaintiff’s trespass and destruction of the concrete block fence and building materials on the premises.
3. An Order of Perpetual Injunction restraining the Plaintiff by himself, his servant, agents, privies and representatives from entering into, occupying or using the premises and from further acts of trespass.

The Respondent also filed an Amended Reply to the Statement of Defence and Defence to the Counter-Claim. Adeniji, J., initially handled the matter, and the Respondent testified on 22/3/2000 and was Cross-examined before the case was transferred to Williams-Dawodu, J., who started it de novo on 16/12/02.

The Respondent testified again as CW1 and called Mr. Kolawole Thomas, who gave evidence as CW2. The Respondent tendered the following Exhibits –

1. Exhibit ME1-Daily Times publication dated 21/7/1976
2. Exhibit ME2 – Receipt No 107 dated 30/06/76
3. Exhibit ME3 – Deed of Agreement dated 12/1/78
4. Exhibit ME4 – Contractors quotation dated 5/1/92
5. Exhibit ME5 (a & b) – Survey Plan dated 6/10/84 and receipt dated 7/9/84
6. Exhibit ME6 – Petition to the Police dated 11/06/94
7. Exhibit ME7 – Petition to the Nigerian Police dated 22/06/94
8. Exhibit ME8 (a & b) – Receipts dated 12/1/92 and 26/2/92
9. Exhibit ME9 – Deed of Lease dated 15/3/95
10. Exhibit ME10 (1-12) and ME10 (a) & (b) – Photographs and the Negatives
11. Exhibit ME11 – Survey plan dated 8/10/84

The Respondent said that he bought 4 plots of land from the Family in 1976, which he fenced, farmed on, and dug 2 Wells. In June 1994, the 1st Appellant encroached on two of the plots, and he reported the trespass to the Police, and the police advised them to leave his land. Thereafter, the 1st Defendant offered him an alternative land and he was issued with a signed deed of lease. But he discovered the land belonged to a Pastor, so he rejected it and insisted on repossessing his 4 plots of land from the 1st Defendant and the Appellants.

The 1st Defendant, who died after his testimony, gave evidence as DW1.

The 1st Appellant testified as DW2, and he tendered the following Exhibits –

1. Exhibit ME. 10(a) – Survey Plan
2. Exhibit ME. 10(b) – Photocopy of the 1st Defendant’s Family receipt dated 9/7/76
3. Exhibit ME. 10(c) – Undertaking dated 21/1/92
4. Exhibit ME. 12 – Receipt dated 30/6/76
5. Exhibit ME. 13(a) (b), (c) & (d)- Receipts dated 12/9/94 and 11/10/94

The Appellants’ case is that the 1st Defendant as the head of the Alahun family with other accredited representatives of the family sold 2 plots of land to one Mr. Ebong Ebong, who subsequently sold the land to the 1st Appellant in 1992. When the Respondent started claiming ownership, the 1st Defendant asked both parties to produce their title documents, and informed the Respondent that Exhibits ME2 & ME3 are not genuine as the signature on the conveyance was fraudulently procured and the said family did not issue the survey plan.

Parties filed and adopted their Written Addresses, and in his Judgment delivered on 9/11/09, the learned trial Judge, Williams-Dawodu, J., found that – “the balance of probabilities… tilts in favour of the Claimants” and concluded –

“…The 2nd Defendant failed to establish satisfactory sufficient and clear evidence capable of finding a declaration of title. It is therefore my Judgment that the Counter Claim of the Defendant fails and is hereby dismissed. In the result, the Claimant’s claim succeeds accordingly.”

Dissatisfied, the Appellants filed a Notice of Appeal containing 13 Grounds of Appeal in this Court, and they distilled 4 issues for Determination there-from in their Brief of Argument prepared by Olatunde Oladele, Esq., as follows –

i. Whether or not the Judgment of the learned trial Judge is against the weight of the evidence adduced before the trial judge.

ii. Whether or not the Claimant was able to meet the standard of proof required to establish a right/title to the parcel of land lying, situate and being at Alahun/Osunba Estate, Ajia Village, Lagos, the parcel of land in dispute.