Obayuwana & Ors V. Adun (2020)

LAWGLOBAL HUB Lead Judgment Report

AMINA ADAMU AUGIE, J.S.C.

The Appellants, who were Plaintiffs, filed an action against the Respondent at the Edo State High Court, wherein they claimed:

a. A DECLARATION that the 1st Plaintiff is the beneficial owner under Bini Native Law and Custom of all that property situate and lying at No. 16, Old Eguanogbe Street, Benin City having inherited same from his late father late Pa. Samson Ewansiha Obayuwana, who died testate vide his WILL dated 14/5/2002 and as such, 1st Plaintiff is the one entitled to Statutory Right of Occupancy in respect of that property.

b. An Order that the Defendant shall pay the sum of N22,000,000.00 (Twenty-Two Million Naira) as special and general damages for the illegal destruction and occupation of the 1st Plaintiff’s property as follows:

SPECIAL DAMAGES

i. The open market property in dispute is N12,000,000.00 (Twelve-Two Million Naira) as per the valuation Report.

ii. Rent at the rate of N4,000.00 (Four Thousand Naira) per month from 10/4/2006, when the property of the 1st Plaintiff was destroyed by the Defendant until the determination of the case and until payment.

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GENERAL DAMAGES

i. N10,000.000.00 (Ten Million Naira) for shock, inconvenience, emotional stress, and sentimental attachment to ancestral home of the 1st Plaintiff and loss of use of the said ancestral home and shrine.

ii. An order of possession of all that piece or parcel of land as shown in the litigation survey plan filed herewith.

iii. An order of perpetual injunction restraining the Defendant, whether by himself, his servants, agents, privies and or any person claiming through or under him or whosoever from entering or remaining upon the said piece or parcel of land in purported exercise of any right in relation to the possession, use and occupation of the land or any part thereof in derogation of the 1st plaintiffs right or interest

At the trial Court, the Appellants called five witnesses while two witnesses testified for the Respondent. The learned trial Judge, Okungbowa, J., delivered his Judgment on 28/9/2019, wherein he found that the Respondent has “not proved a better title to the land in dispute”. He concluded as follows in the Judgment:

Since the value of the house is ascertainable and the loss of use is also