Chief J.s. Ekpere & Ors Vs Chief Odake Aforije & Ors (1972)

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LEWIS, JSC. 

In Suit S/11/64 in the Sapele High Court the plaintiffs sued “for themselves and on behalf of the Mosogan Village Community of Jesse Clan” and their writ of summons read:-

“By a Deed of Lease dated 26th September, 1953, and registered as No. 7 at page 7 in Volume 42 of the Lands Registry, Ibadan but now at Benin-City in the Mid-Western Region of Nigeria, the elders and people of JESSE CLAN purported to demise to the firm of JATHOMAS RUBBER ESTATES of Sapele all that piece or parcel of plaintiffs’ land lying and being situate between EFO and UKPEKELE Villages (MOSOGAN) within the jurisdiction of this Honourable Court.

On 10th January,1964,1st, 2nd and 3rd, 4th defendants acting for and on behalf of the JESSE COMMUNITY purported to grant written consent to assign the residue of the above lease to 5th defendant. The plaintiffs therefore claim as follows against defendants:-

(a) A declaration that the piece or parcel of land demised by the above recited lease is the exclusive landed property of plaintiffs and not the entire JESSE CLAN COMMUNITY.

(b) A declaration that the purported assignment of the said lease to 5th defendant is invalid, null and void. (c) Rectification and or cancellation of the said lease. Annual rent of land: £31:10/-.”

The writ was issued against the 1st and 2nd defendants“ for themselves and as representing the people of Jesse Village Community of Jesse Clan” and against the 3rd and 4th defendants “for themselves and as representing the people of Onyobru Village Community of Jesse Clan.” The status of the plaintiffs and first four defendants was further emphasized in paragraphs 1 to 3 of the Statement of Claim which read:-

“1. The plaintiffs are Urhobos, Chiefs and Elders of the MOSOGAN-VILLAGE COMMUNITY OF JESSE CLAN in Western Urhobo and are prosecuting this action as the self-elected representatives of the MOSOGAN VILLAGE COMMUNITY aforesaid.

2. The 1st and 2nd defendants are Urhobos, Chiefs and Elders of the JESSE-VILLAGE COMMUNITY of JESSE-CLAN in Western Urhobo and are sued as representatives of the said JESSE-VIILAGE COMMUNITY.

3. The 3rd and 4th defendants are Urhobos, Elders of the Onyobru-Village Community of JESSE-CLAN in Western Urhobo and are sued as representatives of the Onyobru-village community.”

Paragraph 10 of the Statement of Claim further showed the relationship of the respective communities where it was pleaded:

“The MOSOGAN -VILLAGE COMMUNITY is one of the communities making up the entire JESSE CLAN. JESSE-VILLAGE COMMUNITY AND ONYOBRU-VILLAGE COMMUNITY are but two other such communities within the said clan.”

On the first claim in the writ, a declaration was sought that the land in dispute was solely the property of the plaintiffs as representing the Mosogan Village Community and was not the property of the Jesse Clan; the second and third claims in the writ pertained to a lease (Exhibit JU1), in respect of the land in dispute made to partners in the firm, Jathomas Rubber Estates, which firm, subsequently became incorporated as the limited company which was sued as the 5th defendant to the action. The parties to that Deed of Lease (Exhibit JU1), were set out therein as follows:

“THIS INDENTURE made the 26th day of September, 1953, BETWEEN CHIEF J.S. EKPERE President of the Jesse Clan Council for himself and on behalf of the Jesse Clan; CHIEF AWHE OKEREDE and CHIEF D.A. ORIGHOYEGHA for themselves and on behalf of the Jesse Clan and of the elders and people of Mosogan; CHIEF PINNOCK UMAYA and CHIEF IKEWU for themselves and on behalf of the Jesse Clan and of the elders and people of Jesse: and OPIEPIEH OGHENEBRUME and OKORO OKUEBOR for themselves and on behalf of the Jesse Clan and of the elders and people of Onyobru (hereinafter called “the Lessors”-) of the one part AND DR. HORATIO ORITSEJOLOMI THOMAS of University College Ibadan, Mabel Thomas Uku, Charlotte Asaboro and Emma Thomas all of Sapele Nigeria partners in the Firm of JATHOMAS RUBBER ESTATES of Sapele Nigeria (hereinafter called “the Lessees” which expression shall where the context so admits include their respective heirs personal representatives and assigns) of the other part.” Pausing there, it is quite clear to us that the plaintiffs’ claimed not only title to the land in dispute as against the Jesse Clan as such, but that they also claimed that the representatives of that Jesse Clan on behalf of the Jesse Clan had wrongly purported to lease the land by Exhibit JU1.