Chief Sunday Martin Ada & Ors V. Chief John Ogenye Odey & Ors (2016)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

JOSEPH OLUBUNMI KAYODE OYEWOLE, J.C.A.(Delivering the Leading Judgment)

This is in respect of an appeal against the judgment of the High Court of Cross River State, Bekwarra Judicial Division delivered on the 19th day of February, 2013 by ABUA, J.

The appellants were defendants as representatives of their Ukpada Community in Bekwarra Local Government of Cross River State in a suit initiated by the respondents on behalf of the neighboring Ikparikobo- Ishane Community in the same Bekwarra Local Government over a piece or parcel of land lying by a major river called Ulu running across several communities in the said area and which river divides the two communities. Specifically, the respondents in the writ of summons claimed as against the appellants jointly and severally as follows:

1. A declaration that the Claimants are the owners and or deemed holders of a customary right of occupancy over the land in dispute, which is situate at Ikparikobo Ishane Village by the side of the River-Ulu and is bounded on the south by Ububa Ukum Village, on the north by Ubepa Village, with the land in dispute, which is Ikparikobo Ishane in the

1

centre of both Ububa Ukum and Ubepa, and with the River Ulu being the natural boundary between the Claimant village of Ikparikobo Ishane and Ukpada village of the Defendants.

2. A declaration that the act of the Defendants which consists of entering the land in dispute, described in relief No 1 above, and began felling of the Claimants Mahogany trees, sawing them into timber, without the consent and authority of the Claimants, amounts to trespass in law.
3. The sum of N5,000,000.000 as special damages against the Defendants for the 50 Mahogany trees of the Claimants the Defendants fell and sawed into timber without the consent and authority of the Claimants.

PARTICULARS OF SPECIAL DAMAGES

50 Mahogany trees at N100,000.00 per tree and sawed into timber by Defendants.

TOTAL- N5,000,000.00

4. The sum of N20,000,000.00 being general damages against the Defendants for trespassing into Claimants land described in relief No 1 above felling their trees without their consent and laying inordinate claim to the land.
5. A declaration that the great River Ulu is the natural boundary between the Claimants Village of Ikparikobo Ishane and the Defendants Village of Ukpada, and also that the said River Ulu cuts

2

across or divides 7 Villages with 4 on one side and 3 on the other side, stated as follows: Omiami, Ubepa, Ikparikobo lshane and Ububa Ukum, on the side, where the land in dispute is situate and Akurinyin, Ukpada and Ijiebor inland on the other side of the River Ulu.

6. An order of perpetual injunction restraining the Defendants, either by themselves, agents, servant, accredited representatives assigns, privies from further trespassing into the land in dispute, which lies in Ikparikobo lshane, across the River Ulu, as described in relief No 1 above either with a view of felling trees, laying inordinate claims or doing anything whatsoever in violation of Claimants right to exclusive possession, enjoyment and ownership of their land.

On being served, the appellants jointly entered appearance and joined issues via their joint Statement of Defence and Counter-Claim wherein they counter-claimed as follows:

(a) A declaration that the Defendants are entitle to and the deemed grantee of Customary Right of Occupancy in and over the entire land known as Ulu Forest now in dispute, in respect of which the Defendants have enjoyed a peaceable possession from

3

time immemorial till 2001 when the Claimant began their various acts of trespass thereto, and which land is bounded in the North by Ubeba and Omiami Villages, on the South by Ububa Ukum Village, on the East by Ijibor Village and on the West by Akunrinyi Village.