Registered Trustees Of The Apostolic Faith Mission & Anor V. Umo Bassey Eyo James & Anor. (1987)

LawGlobal-Hub Lead Judgment Report

KAZEEM, J.S.C. 

The plaintiffs who are the respondents in this appeal claimed from the defendants (now the appellants) a sum of N10,000.00 as damages for trespass at the High Court of South Eastern State holden at Calabar. The trespass was said to have been committed on a parcel of land at Ekpo Abasi Street, Calabar, as shown on the Survey Plan No ESP/880 of 7th October, 1961 reproduced on Survey Plan No. ESA/213/(LD) of 24th July, 1975.

The respondents also asked for perpetual injunction to restrain the appellants, their servants, agents and/or assigns, from repeating or continuing the acts of trespass complained of. Pleadings were ordered and duly filed and therein it was averred by the respondents that the land in dispute was situated at Efut Abua in the Calabar Division of the then South-Eastern State of Nigeria.

The respondents claimed that the said parcel of land was sold to one Bernard Eyo Boko alias Okonko Edet Oboko in 1938 by Muri Ekpo Effiom Oboko of Efut Abua as per a Purchase Receipt dated 12th November, 1938 which was tendered as Exh.2. Apart from the Muri, the Purchase Receipt was thumb-printed or signed by four other Chiefs from Efut Abua namely Effiong Edem Ambo, Edet Etim Ekpenyong, Idong Okon Ambo and Sigismund Ekpo Ene Asuquo.

In 1942, by a Deed of Conveyance dated 18th November, 1942, the sale was confirmed by those other four Chiefs all of Efut Abua of Calabar, for themselves and as representing the whole family of Efut Abua or household as per Exh.3. The land was subsequently sold by Okonkon Edet Oboko to Bassey Eyo James of Efut Abua, the father of the respondents in 1962, who cultivated it and planted economic trees thereon. The land was surveyed in 1961 as per the Survey Plan Exh.1 and a Deed of Conveyance dated 16th March, 1962 was made in favour of the respondents’ father as per Exh.4 which was duly registered. Thus the respondents and their predecessor-in-title remained in possession of the land in dispute and exercised thereon acts of ownership by cultivating it until 1974.

It is significant that one Chief Xavier Edem Edet Eyo (P.W.2) who knew about the transaction said under cross-examination as follows:-

“Muri Effiom Oboko was Efut Abua man. My late mother was also an Efut Abua woman. All people who signed the receipt are Efut Abua people. The land was sold on behalf of Efut Abua because the land belong to Effut Abua under a Declaration of Title in Suit No. 84/22/23 in the Supreme Court. ”

(Italics for emphasis)

In the meantime, Muri Ekpo Effiom Oboko of Efut Abua who originally sold the land in 1938 died and he was succeeded by Muri Edem Edet who, leased the said land to the appellants as per a Deed of Lease dated 29th October, 1974 – Exh.5. He did so as the Muri Munene and clan Head of the Efuts for himself and as representing the Efut Abua and Efut Okondo Combined Council for a period of 99 years. The appellants have since erected a building on the land.

D.W.3 who was the Muri Munene at the time of the trial in 1978 testified for the appellants and said that the whole of Efut land was controlled by the Combined Council of Efut of which the Muri was its head and that the Combined Council was that of Efut (apparently meaning Abua) and Ekondo. He testified further that if a parcel of land was to be sold in Efut. It would be sold by the Combined Council of Efut and Okondo and that no one else apart from the Council had any right or authority to sell Efut land. When this witness was cross-examined by learned counsel for the respondents, he admitted that he knew that in 1935 one Henry Cobham sued three persons at the Native Court of Calabar in respect of a parcel of land in Efut Okondo claiming joint-ownership of the land. See Exh. 6, which is the proceedings and judgment in Suit No. 309/35 in the Native Court of Calabar between Henry Cobham as Plaintiff and Abasi Okon Edem Anating, Efiong Ededem Okon Edem Anating, and Edet Edem-Odo Okon Edem Anating for themselves and on behalf of Efut Okondo of Calabar District, as Defendants.

The claim was for a declaration that the plaintiff was a joint owner of all parcels of land belonging to Efut Okondo in accordance with Supreme Court Judgment dated 19/6/31 and that the right, title, and interest of each party into and over the said land were in every respect the same. The claim was admitted by the 1st defendant, but opposed by the 2nd and 3rd defendants but judgment was eventually entered for the plaintiff for the declaration sought. This exhibit was tendered to show that in 1935 there was a separate Efut Okondo Community which was sued in respect of Efut Okondo land. Moreover in further cross-examination, D.W.3 also said:-

“Efut and Ekondo combined Council was established in 1921. It is not true to say there was not such a Council before 1944. We came together for the purpose of a case. The case was between Efut Abua and Abakpa. I know the late Ntoe Ika Ika Ogua. I know Etubom Edem E. Adam. I know Etubom G. D. Henshaw, I know late Ntoe Nyong Eyo. I know Chief Effiom E. Adam. I knew Chief Effiong Bassey Abiat. I knew Chief J. E. Andres. In 1944 there was a dispute as to the headship of Muri following the death of the former Muri. The above-named persons looked into the matter and signed a Report.” Dr. Arikpo has no objection to the Report being tendered – Exhibit 7. “It was as a result of Exhibit 7 that Nyong Asuquo Odionka was elected as a Muri.” Exhibit 7 is the Report of a Sub-Committee appointed to inquire into the dispute for the election of a Muri for both Efut Abua and Efut Okondo in 1943. Some of the findings of that Sub-Committee are as follows:-

“On the 26th March, 1943, Efut Ekondo and some of the people of Efut land and also the strangers occupying Efut land met to elect a Muri for the two towns. At that meeting Efut Ekondo people announced that there is a dispute among them and for that reason they will not elect a Muri for Ekondo. They gave the names of two Abua Chiefs. i.e Asuquo Nyong Odionka and Efiong Edem Ambo, for election as Muri for Efut Abua, so that who-so-ever is elected may act as Muri for Efut Ekondo for the the time being. 128 persons elected Asuquo Nyong Odionka and 10 elected Efiong Edem Ambo. Chief Asuquo Nyong Odionka was therefore appointed Muri for Efut Abua and Acting Muri for Ekondo, and Chief Efiong Edem Ambo as an Assistant or Deputy Muri.

2. The reasons given are:-

(1) That Efut Ekondo and Efut Abua are now one.