Mr. Sunday Okegbe & Ors V. Ejighe Akpome & Ors (2013)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

AYOBODE OLUJIMI LOKULO-SODIPE, J.C.A.:(Delivering the Leading Judgment)

This is an appeal against the judgment delivered on 19/5/2010 by the High Court of Justice, Delta State holden in the Oleh Judicial Division (hereafter simply referred to as “the lower court”) presided over by Hon. Justice M. Umukoro (hereafter simply referred to as “the learned trial Judge”).

The Appellants herein were Defendants before the lower court; while the Respondents instituted the instant case as Plaintiffs before the lower court and the said court in its judgment granted all the reliefs claimed by the Respondents against the Appellants.

The instant action was commenced by a Writ of Summons which issued on 6/4/2006. Pleadings were filed and exchanged by the parties and amended as considered appropriate. The pleadings of the parties upon which the case was tried before the lower court are the “Amended Statement of Claim” and “Reply to 1st – 7th Defendants (sic) Joint Statement of Defence” (hereafter simply referred to as “Respondents’ pleadings” where the con so admits); and the “Joint Amended Statement of Defence of the 1st – 7th Defendants” (hereafter simply referred to as “Appellants’ pleading”). The reliefs which the Respondents claim against the Appellants jointly and/or severally are for:-

“1. A declaration that the 3rd plaintiff is entitled to all that piece and/or parcel of land forming part of Erue family land measuring about 200ft x 300ft well known to the parties to this Suit and lying, situate and being at Ukuame Bush along Owe Road, Uzere in the Isoko South Local Government Area of Delta State; the 3rd Plaintiff having purchased the said piece of land from the Erue family of which said family all the parties to this Suit (excluding the 3rd Plaintiff) belong; and which said sale was effected to 3rd Plaintiff by the Head and accredited representatives of Erue family of which said family all the parties to this Suit (excluding the 3rd Plaintiff) belong; and which sale was effected to the 3rd Plaintiff by the Head and accredited representatives of Erue family some of whom are suing herein as Co-plaintiffs with 3rd Plaintiff(s).

2. The sum of N10,000,000.00 (Ten million Naira) being damages for the trespass on the aforesaid land in that sometime in the month of November, 2005, Defendants without 3rd Plaintiff’s consent broke into the land subject matter of this Suit and destroyed Plaintiff’s economic crops such as palm trees and cassava etc.
3. AN ORDER of Perpetual Injunction restraining jointly and/or severally the Defendants, their Servants, Agents, Privies and/or whomsoever that may be acting under/through and/or on their behalf from further trespassing on the piece or parcel of land formerly forming part of Erue family land measuring 200ft x 300ft and which land is well known to the parties to this suit, lying and situate at Ukuame Bush along Owe Road, Uzere, Isoko South Local Government Area of Delta State of Nigeria.

Any other Relief(s) which this Honourable Court may deem fit to make Ex Debito Justiciae.”

(See page 86 of the record of appeal).

The case set up by the Respondents in their pleadings and upon which the reliefs re-produced above, are predicated, is to the effect that the land in dispute formed part of land belonging to Erue family until it was purchased by the 3rd Respondent from the said Erue family of which the 1st Respondent is the head or ‘Oba’ and which family all the parties in the action except the 3rd Respondent, equally belong. The Respondents averred to the effect that the land in dispute purchased by the 3rd Respondent was earlier loaned to one Oke and its redemption/retrieval was later secured by the 2nd Respondent.

The redemption/retrieval of the land in dispute culminated in an outright sale by virtue of an agreement dated 9/4/2003 transferring title/ownership to the land to the 2nd Respondent and later to the 3rd Respondent by a conveyance dated 11/4/2003. The Respondents narrated the sequence of events to be that sometime in 2003, the 2nd Respondent being desirous of having a big plot of land which he intended to sell to the 3rd Respondent consulted the 1st Respondent (who is the custodian of the Evuo or staff of Erue family).

It should be noted that “Evuo” and “Evo” were used interchangeably freely, in the pleadings of the parties; record of appeal; and Briefs of Argument of the parties.

The 2nd Respondent was advised to seek the consent and authorization of the entire members of his lineage to enable him deal with the said land. Thereafter the 1st Respondent proceeded to call a family meeting to deliberate on the request of the 2nd Respondent and after series of meetings the consent and authorization of the family was obtained with the family affirming to stand by or to be bound by whatever decisions that were arrived at or taken on their behalf by the 1st Respondent more especially in recognition of the position he occupies or the role he plays in the family.

It is the case of the Respondents to the effect that the 2nd Respondent having successfully redeemed/retrieved the land in dispute formally bought the same from the family and for this purpose, paid an additional sum of N14,000.00 therefore on 9/4/2003 thereby paying a total sum of N34,000.00. That the 2nd Respondent had to pay the additional N14,000.00 because the initial sum of N20,000.00 paid by him was rejected at a family meeting held on 18/3/2003.

It is the position of the Respondents that it was after the 2nd Respondent had secured the authorization of the family to resell the land to the 3rd Respondent and paid homage with drinks to the 1st Respondent, and two others as advised by the 1st Respondent, that the 1st Appellant as well as 3rd Appellant came to the 1st Respondent urging him (1st Respondent) to renege on the arrangement reached by the family upon the offer of various sums as bribes.

It is the case of the Respondents that it was in 2005 and after the matter of the land had been closed since 2003 that the Appellants started trespassing on the land of the 3rd Respondent and that this resulted in the report made to the Ogba Oletu Ovrawa (the local arbitration committee at Uzere) and which committee ruled that there was a valid sale in the light of the documents presented to it and actions taken by the parties that resulted in the making of documents in relation to the land in dispute.