Dagaci Of Dere & Ors V Dagaci Of Ebwa & Ors (2006)

LAWGLOBAL HUB Lead Judgment Report

OGUNTADE, J.S.C.

The appellants were the plaintiffs at the Minna High Court of Niger State, where as the representatives of the Dere and Eshi communities, they claimed against the respondents and the representatives of the Ebwa community, for the following reliefs:

“(a) A court declaration that the Dere community is at all material times hereto the lawful occupier/possessor of ALL THAT piece or parcel of vast land lying, being and situate at Dere/her immediate environs and its adjoining waters/fish-ponds known as Epemi-Dere (Egbokongbo)/Emmatsa-Aba and is therefore entitled to customary right of occupancy thereto;

(b) A court declaration that the Eshi community is at all material times hereto the lawful occupier/possessor of ALL THAT piece or parcel of vast land lying, being and situate at Eshi/her immediate environs and its adjoining waters/fish-ponds known as Emmatsa and Ebora, and is therefore entitled to customary right of occupancy thereto;

(c) A court declaration that the people of Dere ward as presently constituted are the people entitled to rights of occupancy over ALL THOSE lands and waters situate at Dere/Eshi/Kuchi/Apataku and their immediate environs bounded in the North by Edonni; in the South by River Niger; in the East by Gurara River and in the West by Jamma all these boundaries being natural boundaries;

(d) A court declaration that the Kuchi community is at all material times hereto the lawful occupier/possessor of ALL THAT piece or parcel of vast land lying, being and situate at Kuchi/her immediate environs, and its adjourning waters known as Epemi-Kuchi, and is therefore entitled to customary right of occupancy thereto;

(e) A court declaration that Apataku community is at all material times hereto the lawful occupier/possessor of ALL THAT piece or parcel of vast land lying, being and situate at Apataku/her immediate environs, and its adjoining waters known as Epemi-Kuchi, and is therefore entitled to customary right of occupancy thereto;

(f) A court declaration that the defendants’ entry into and or invasion of Dere ward’s afore-mentioned lands and waters in recent times, especially in 1995 and May 1996, amounted to trespass as it was wrongful, unauthorized and unconstitutional and that such acts of trespass ought to be abated forthwith;

(g) A court order compelling the defendants, their servants, agents, assigns, privies etc to vacate the said plaintiffs’ lands and waters and allow the plaintiffs to remain in exclusive possession thereof forthwith and henceforth;

(h) An order of Interlocutory Injunction restraining the defendants, their servants, assigns, agents, privies and or any person(s) claiming by or through them in any other manner howsoever from committing further acts of trespass on the said Dere/Eshi/Kuchi/ Apataku ‘s lands and waters pending the final determination of this suit and a perpetual injunction in the same terms after delivery of judgment. The plaintiffs also seek such other relief(s) as the justice of this case may demand;

(i) An order awarding the sum of N280,000.00 against the defendants as damages for the said assault, trespass acts, wrongful seizure cum detention of plaintiffs’ fishing nets and boats.

Particulars of damages

(i) Eshi’s 2 fishing boats wrongfully seized and currently being unlawfully detained by the defendants. Each boat costs at least N30,000.00 (Such moneys are to be paid to Eshi community) =N60,000.00

(ii) Eshi’s 4 fishing nets wrongfully seized and currently being unlawfully detained by the defendants. Each fishing net costs at least N12,000.00 -(Such moneys are to be paid to Eshi) =N48,000.00