Igbinoghodua Ogigie & Ors Vs A.I. Obiyan (1997)
LAWGLOBAL HUB Lead Judgment Report
UWAIS, C.J.N
The respondent, as plaintiff, brought a suit in 1984 in the High Court of the then Bendel State sitting at Benin City. The appellants were jointly the defendants to the action. The plaintiffs claim as per his further amended Statement of Claim, which was filed on the 18th June, 1986 was as follows:
“(1) A declaration that the plaintiff has possessory title under Bini Customary Law and therefore entitled to apply for and obtain a certificate of occupancy in respect of his piece of land lying, situate at Iguosa Village along the Benin/Lagos Road. Benin City which is particularly delineated in pink in Survey Plan No. OSA/1678/BD 85 filed with this Statement of Claim into which the defendants have trespassed.
- N10,000.00 (Ten Thousand Naira) being special and general damages for the defendants’ act of trespass on the land and;
- A perpetual injunction to restrain the defendants and their servants or agents from any further acts of trespass on the land.
Particulars of damages
Special damages
160 Orange trees at N2.00 each N320.00
52 Pineapples at N1.00 each N52.00
95 Plantains at N2.00 each N190.00
N 562.00
General damages N9,438.00
TOTAL N10,000.00
The appellants filed a joint Further Amended Statement of Defence denying the respondent’s claim. At the trial both parties called witnesses and the learned trial Judge (Gbemudu J.) gave a considered judgment on the 2nd day of June, 1987 in which he entered judgment for the respondent.
Being aggrieved by the decision the appellants filed a notice of appeal to the Court of Appeal on 8th June, 1987 initially raising five grounds of appeal. On 19th August, 1988 the appellants brought a motion on notice in the Court of Appeal, inter alia praying for leave to file additional grounds of appeal. The motion was granted as prayed on 27th September, 1988. Briefs of argument were filed by the parties. At the conclusion of arguments, judgment was reserved and considered judgments were delivered by the Court of Appeal (Ogundare, J.C.A. as he then was, Salami and Ejiwunmi JJ.C.A). In the lead judgment delivered by Ejiwunmi, J.C.A. with which the other Justices concurred, the appeal was dismissed in part.
Still dissatisfied, the defendants appealed further to this court. Briefs of argument were filed by the parties. Two issues to be considered by us were formulated in the appellants’ brief. The respondent, for his part, adopted the first issue and formulated a second issue of his own. The appellants’ issues are as follows:-
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