Pa. James Ariavbehe-adolor Eregbowa & Ors V. Pa. Ehigiamusoe Obanor & Ors. (2010)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

OYEBISI F. OMOLEYE, J.C.A. (Delivering the Leading Judgment)

This is an appeal against the ruling of the High Court of Edo State holden at Benin City delivered on 1st of November, 2006 per P.I. Imoedemhe J.

At the lower Court, the Respondents herein were plaintiffs and they claimed against the Appellants as defendants, a declaration that they, the Respondents were owners of a certain parcel of land in Ugiokhuen village in Oredo Local Government of Edo State. The Respondents further sought an order of perpetual injunction and damages for trespass against the Appellants.

By the order of the lower Court, pleadings were filed and exchanged by parties. The 1st Amended Statement of Claim and the Defendants’ Joint Statement of Defence are contained in pages 8 to 13 and 19 to 22 respectively. However, prior to the commencement of trial, the Appellants by a motion on notice dated and filed on 20th March, 2006, sought the order of the lower Court for determination of the points of law raised in paragraph 22 of their joint statement of defence which states as follows:

The Defendants shall raise as a preliminary point of law before trial that this Honourable Court lacks jurisdiction to entertain this suit predicated on the fact that the suit is fundamentally defective, for want of jurisdiction and abuse of process of court..

The above points of law were hinged on the following grounds:

20(i) The cause of action arose from alleged trespass against (sic) the land of various persons not parties to the suit;

(ii) The Plaintiffs are not the persons in possession of the land in dispute;

(iii) That the Plaintiffs have no locus standi to institute this action;

(iv) That the present Suit is an abuse of process of court or discloses no reasonable cause of action since part of the land is the subject of a judgment in Austin O. Erebor v. Friday Ovienseri: Suit No. B/581/96 in which the land was adjudged Ugbor land;

(v) The Plaintiffs have no interest in the land in dispute since they have allotted same;

(vi) The Plaintiffs have no title to the land in dispute or any legal rights;

(vii) In part of the land in dispute, judgment was decreed in favour of the Defendants and Ugbor;

village (Erebor’s land), thereby subject to the principle of Estoppel per Rem judicata. (Austin O. Erebor v. Friday Ovienseyi: Suit No. B/581/96 – the land was adjudged Ugbor land). That Chief Aigbuhenze Uzama testified as DW2, Mr. John Ilekhuoba (DW3), Mr. Jonathan Umweni (DW4), Mr. Christopher Obanor (DW5) all, gave evidence for and In favour of the fact that part of the land in dispute is Ugiokhuen land in: Austin O. Erebor v. Friday Ovienseri: Suit No. B/581/96. The 3rd and 4th Defendants in this suit were privies and witnesses to the plaintiffs in the above suit. That part of the land in dispute has been adjudged Ugbor land in Suit No. B/581/96.