Mr. Timididekde Omale & Ors V. Atana Sofadoh & Ors (2013)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

MODUPE FASANMI, J.C.A (Delivering the Leading Judgment)

This is an Appeal against the judgment of the Bayelsa State High Court of Justice, sitting in Sagbama delivered on the 16th of June 2005. The appeal no. CA/PH/320/2006 and the Appeal No. CA/PH/321/2006 emanated from the same judgment delivered on 16/6/2006. The parties in both appeals are the same. Appeal No.CA/PH/321/2006 is in the nature of a cross-appeal.

An application seeking the order of this court consolidating the two appeals was filed on the 4th of May 2011.

The application was granted on the 6th of Nov.2012.

The Appellants who described themselves as Petitioners in the lower court i.e. Sagbama Customary Court took out summons against the Respondents. The claim by the Appellants was for the following reliefs.

(1) petitioners seeking from this Honourable Court for a title of ownership of four pieces or parcels of land lying and situate in between Tungbabiri town and Biugbene respectively.

(2) An order of interlocutory injunction restraining all the Respondents, for themselves, their servants,

agents and privies from further entry into the said land pending the determination of this matter.

The lower court i.e. the Sagbama Customary Court delivered a reserved judgment on the 15th of Jan 2001 after hearing the parties and their witnesses and also undertaking a visit to the locus in quo inter alia, as follows:

“The four pieces or parcels of land lying and situates (sic) in between (sic) Tungbabiri and Biugbene respectively are founded by Adoun (i.e.) the land belongs to the Plaintiffs”.

The Respondents were not satisfied with the judgment of the lower court and through their learned counsel Enie Otrofanowei filed a notice of appeal to the High court containing the following grounds of appeal.

“The learned president and members of the Sagbama District Customary Court erred in law when they entered judgment for the plaintiff’s in terms of their claim.

PARTICULARS OF ERROR OF LAW:

(a) Plaintiffs did not prove their title to the land in dispute.