Salihu Okino V. Yabuku Obanebira & Ors. (1999)

LAWGLOBAL HUB Lead Judgment Report

I. IGUH, J.S.C

The proceeding leading to this appeal was first initiated on the 17th day of Decemher, 1988 at the Upper Area Court of the former Kwara State of Nigeria, holden at Lokoja. In that Court, the Plaintiffs for themselves and as representative of members of the Onoko Clan in Eganyi District of the Okene Local Government Area of Kogi State claimed against the defendants as follows:-

“(1) An Order of court restraining the 1st defendant, his servants, agents, privies and members of the 1st defendant’s Ezionogu Clan from holding out himself or themselves as the owner or owners of the said farmlands, that is to say, Usoko, Igege, Uhomiri, Ogane and Uwowiri, all located in Eganyi District of Okene Local Government Area.

(2) An order of court restraining the 1st defendant, his servants, agents, privies and members of the Ezionogu Clan from making any claim to or receiving any compensation from the 2nd defendant or from any person whatsoever in respect of any part or portion of the aforementioned farmlands.

(3) The plaintiffs also claim against the second defendant, an order of court restraining the 2nd defendant from paying any compensation to the 1st defendant, his agents, servants, privies and or the Ezionogu Clan or to any person whatsoever, in respect of the plaintiffs’ farm lands at Usoko, Igege, Uhomiri (Okuhisihu) Ogane and Uwowiri, all in Eganyi District, acquired by the 2nd defendant, for the construction of an Iron Ore Rail-line.

(4) An order that the 2nd defendant shall pay the said compensation to the plaintiffs”

At the subsequent trial, both parties testified on their own behalf and called witnesses. The plaintiffs called a total of 12 witnesses whilst the 1st defendant, who was sued in his capacity and as the representative of the members of the Ezionogu Clan of Eganyi, called 5 witnesses.

The plaintiffs’ case, briefly, is that they are the owners of the five parcels of farm land in dispute known as and called Usoko, Igege, Uhomiri, Ogane and Uwowiri. They claimed that they were therefore entitled to all compensation payable by the 2nd defendant in respect of parts of the farm lands in dispute affected by the Ajaokuta – Itakpe rail line. They prayed for the order of court in terms of their claims.

The 1st defendant, for his own part, claimed that the farm lands in dispute were owned and remained in absolute possession of his Ezionogu Clan. The 2nd defendant who maintained a neutral posture throughout the proceedings, waiting to pay compensation to the winning party, proffered no evidence at the trial.

At the close of evidence at the trial, the trial court together with the parties, their witnesses and learned counsel visited the locus in quo and made copious notes of this inspection.

At the conclusion of hearing, the trial court after a careful and meticulous review of the entire evidence placed before it entered judgment in favour of the 1st defendant and dismissed the plaintiffs’ claims.The Upper Area Court stated as follows –

“…from the totality of the evidence before us, we hold that, putting the evidence of both sides on an imaginary scale, the evidence in favour of the 1st defendant is heavier than that of the plaintiffs … under this circumstance, we dismiss the plaintiffs’ claims,”

The court then pronounced thus –

“(1) The plaintiffs’ claim to the five farmlands, Usoko, Igege, Uhomiri, Ogane and Uwowiri is hereby dismissed.