Prince Matt Owobu V. Mrs. Alice Osifo (2017)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

HAMMA AKAWU BARKA, J.C.A. (Delivering the Leading Judgment)

The appeal is against the judgment of the Edo State High Court sitting in Benin City, the Edo State Capital in suit No. B/149/2001, between Prince Matt Owobu and Mrs Alice Osifo delivered on the 9th of February, 2010. Coram Justice C.O. Idahosa. In the said judgment, the plaintiffs claim was found to be unproven, while the defendants counter claim was found to have been proved, and judgment entered in her favor, granting all the reliefs sought in the counterclaim.

The gist of the plaintiff’s case as borne in his further amended statement of claim, (see pages 22-27 of the records) is that the appellant bought the said land from Bright and Osaro Obasuyi in the year 1993, the two having inherited the land from their deceased father, Obasuyi Omaghino who died on the 15th of December 1982.

?Before purchasing the land, the plaintiff approached one Chief Edo Alekhogie, the then chairman of the land Allotment committee in Ekosodin, Benin City, who confirmed to him that the land belong to the deceased Obasuyi Omaghino, and inherited by Bright Obasuyi and his brother

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Osaro Obasuyi. The plaintiff was shown the Oba’s approval in respect of the land, tendered as Exhibit C; A deed of transfer of the piece of land measuring 100 ft by 200ft was executed, with the said Edo Alekhogie signing as a witness, upon a consideration of N50, 000.00.

The plaintiff proceeded to plant ten palm trees on the land and a survey plan of the land was done by a surveyor. He then sought for and obtained a Certificate of Occupancy from the State government with No. EDSR 1279, issued on the 29th day of July 1997. Much to his greatest amazement and surprise, the plaintiff sometimes in February, 2001 met the 2nd defendant on the land, and upon inquiry was told that the 2nd defendant was on the land upon the instructions of the 1st defendant. He then proceeded to commission a licensed surveyor to produce a litigation survey plan, and also reported to the police, who advised that the case is civil in nature. The 1st and 2nd defendants having persisted in their acts of trespass, the plaintiff caused a writ of summons to issue against the defendants, wherein he claimed for the following reliefs,

(a) A declaration that the plaintiff is entitled

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to a statutory right of occupancy and possession of the said land which is more particularly described and delineated in survey plan made in pursuant to this suit.

(b) The sum of N5,000,000 (five Million Naira) for trespass by the defendants jointly and severally as general damages.

(c) Special damage.

1. Survey of the land N250,000.00
2. Maintenance of the land since 1993 to date N250,000.00
3. Acquiring a certificate of Occupancy with the stamp duties, N250,000.00.
4. Ten Palm trees destroyed at N10,000 per tree at N100,000.00, totaling N1,100,000.00

(d) An order for perpetual injunction.

The defendants in their further amended statement of defense, admitted paragraphs 1, 2, 3, and 5 of the statement of claim, denied all other averments contained therein and putting the plaintiff to the strictest proof thereof. In 22 paragraphs of the statement of defense under reference, the 1st defendant stated therein, that she inherited the parcel of land from her mother, late Dr (Mrs) Victoria Omonsukpon Ikuoyemwen (nee Uwota) in accordance with Bini customary Law of succession, and that the said land is completely