Chief Tekeigonikon Digbani & Ors v. Dicken Humphrey Ogaji & Ors (2025)
LAWGLOBAL HUB Lead Judgment Report – SUPREME COURT
EMMANUEL AKOMAYE AGIM, JSC (Delivering the leading judgment)
On 4/8/1972, Chief Pennington Inoma-Biriya and others for themselves and as representatives of the Inoma-Biriyah family of Ke filed a writ of summons and commenced suit No. PHC/118/72 in the High Court of Rivers State at Port Harcourt against Chief C. A Benebo Omoni & Ors for themselves and as representatives of Ke Community.
The plaintiffs claimed for
“1. A declaration that in accordance with native law and custom the plaintiffs are entitled to the possession, occupation and full use of the land known as ‘Okuruso’ situate in Ke Degema Division Office Rivers State, the said land having being owned in accordance with the native law and custom of Ke.
The land Okuruso will be particularly delineated on the plan to be produced at the hearing.
- 5,000 damages for trespass in that the defendants did in and during the month of July, 1972, break and enter into the plaintiffs land known as ‘Okuruso’ and therein damaged buildings, economic trees and economic crops.
- A perpetual injunction to restrain the defendants, the people and agents and representatives and each and everyone of them from any further interference with the plaintiffs’ right, title and interest in and over the said land.”
Following conclusion of pleadings, evidence and address by all parties, on 30/4/1974, the trial court rendered its judgment. The concluding part of the judgment reads thusly
“Having found that the land in dispute is known to the parties and is Okuruso land which the plaintiffs claimed and occupied after the outbreak of fire and have in addition exercise definite act of ownership I will make a declaration in their favour.
It was wrongful for the defendants to have embacked on a communal development of the land without the consent and approval of the plaintiffs. It is not denied that the house (sic) were erected on the land. Since however there are meant for good of community, I will award the plaintiffs a nominal damage of N1,000 in the hope that the defendants will make a proper approach.
In order to avoid any misunderstanding of the above suggestion, I will grant the plaintiffs the injunctions sought. Mr. Fiberesima says there were 14 appearances and paid N1,200 to the lawyer.
Asks N3,000 costs. Peter Kio says there were two occasions when defendants witness did not appear. Asks the court to take into consideration that both parties will have to live together after this case. Offers N400.
In awarding costs I will take into serious account what Mr. Peter Kio has said and my suggestion that defendants should make a proper approach to the plaintiffs. There will therefore be N600 costs to the plaintiffs.”
Dissatisfied with this judgment of the trial court, the defendants appealed against it to this court in appeal No. SC. 109/75. On 10/6/1976, this court rendered its judgment that the appeal failed, dismissed the appeal and upheld the judgment of the trial court in PHC/118/72.
On 3/6/1998, Chief Teke Igbonikon-Digbani and another on behalf of the plaintiffs in suit No. PHC/118/72 and respondent in SC. 109/75, by motion on notice filed that day, commenced proceedings for committal of the defendants in the said suit No. PHC/118/72 to prison for contempt. The motion names the respondents as Dicken Humphrey Ogaji; Skyn Ogaji; Dawari Ogaji and Macaulay Alalibo. The grounds for the application read thusly;
“And take notice that the ground upon which this application is brought is as follows:
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