Dennis Akoma & Anor V Obi Osenwokwu & Ors (2014)

LAWGLOBAL HUB Lead Judgment Report

SULEIMAN GALADIMA, J.S.C.

At the trial Ugwashi-Uku High Court of the then Bende State of Nigeria, two suits between two communities were consolidated. In Suit No. 01/11/75, the Appellants herein were the Defendants and in Suit No. 01/11/76, they were the plaintiffs. On consolidation of the two land suits, the appellants were made the Defendants while the Respondents remained as plaintiffs. Suit No. 01/11/75 was first commenced at the Asaba High Court as Suit No. A/30/72, but was later transferred to Ugwuashi-Uku High Court as Suit re-numbered as 01/11/75. On 21/5/76, the Defendants Appellants herein also instituted an action at Ugwuashi-Uku High Court and it was numbered 01/11/76. The 1st and 2nd Respondents admitted in their pleadings that they granted a portion of the disputed land to the 3rd Respondents; hence it was not difficult for the trial Court to consolidate the two actions when an application to that effect was granted on 27/10/78.

I shall summarise the facts of the case leading to this appeal. In their Amended Writ of Summons, the Respondents as plaintiffs, claimed as follows:

“The plaintiffs claim jointly and severally for themselves and on behalf of Ogodo against the Defendants jointly and severally for themselves and on behalf of Usebe Village, Ebu as follows:-

(a) A declaration that the piece and parcel of land described, known and called OFIA OGODO (Ogodo Bush) lying and situated in Ogodo, Asaba Division and verged pink in Survey plan No. Lus 3081 filed with statement of Defence in Suit No. 01/11/76 and now used for this Suit is the property of the plaintiffs according to Native Law and Custom.

(b) N600.00 (Six hundred Naira) being general damages for trespass.

(c) An injunction restraining the Defendants, their servants and/or agents and each of them from continuing or repeating similar or other acts of trespass on the said land.”

On the other hand the appellants herein, as plaintiffs in Suit No. 01/11/76 also sought for a declaration thus:

“(1) A declaration of title to all that piece or parcel of land known and called Iyi-Nkpume land in Ebu within Ugwashi-Uku Judicial Division whose annual rental value does not exceed N10.00.

(2) N600.00 damage for trespass into the plaintiffs’ land which the said land will be particularly described in the plan to be filed in court by the Plaintiffs.

(3) Perpetual injunction restraining the defendants, their agents and/or privies from further acts of trespass into the said land.”

The parties filed their respective pleading which were severally amended. A total of 6 witnesses testified for the Plaintiffs and Defendants respectively. A number of Exhibits were tendered and admitted in evidence and some were rejected by the trial High Court. The witnesses for the parties were Cross-Examined after which the respective Counsel addressed the Court. The case was reserved to 6/12/96 for judgment when the learned trial Judge ODITA (J) (as he then was) after reviewing the evidence called by either side, entered judgment in favour of the Plaintiffs on pp.228-229 of the records, in the following terms:

(1). I Declare that the plaintiffs are entitled to Customary Right of Occupancy of the entire land called OFIA OGODOR OR “OGODO BUSH” lying and situate in Ogodor, Aniocha North Local Government Area of Delta State verged PINK in plan No. LSU 3081 of 10th September 1977 Exhibit B in this proceedings or Plan No. LSU 5044 of 10th November, 1973 Exhibit A in this proceedings also verged PINK therein.

(2). The Defendants are to pay the Plaintiffs the sum of N600.00 (Six Hundred Naira) damages for trespass.