Samson Ighodaro V. Dr. Efionayi Iyayi (2015)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

UGOCHUKWU ANTHONY OGAKWU, J.C.A. (Delivering the Leading Judgment)

The tussle in this action is in respect of the piece or parcel of land said to lie and situate at ENO ERHAHON Close, Ugiokhuen Village Ward 36A Benin City. The Appellant, as Plaintiff in the Lower Court sued the Respondent as Defendant, claiming entitlement to a Statutory Right of Occupancy over the disputed land, injunction and damages.

The Respondent denied the Appellant’s claim maintaining that the disputed land was in Ugbor Village and was part of the plots of land he acquired at Ugbor Village Ward 36/A Benin City. The Respondent asserted that Ugiokhuen had no separate Plot Allotment Committee, but was part of the Irhirhi/Ugiokhuen Plot Allotment Committee.

The Appellant claimed the following reliefs against the Respondent:

“(i) A DECLARATION that the Plaintiff is entitled to statutory Right of Occupancy to that piece or parcel of land lying and situate at ENO ERHAHON CLOSE Ugiokhuen Village, Ward 36A, Benin City measuring 100feet by 200feet covered by Survey Plan NO SIE/ED05/D2 prepared by Registered Surveyor Stanley Egogo dated 11/03/05 trespassed upon by the Defendant within the jurisdiction of this Honourable Court.

(ii) AN ORDER of perpetual injunction restraining the Defendant whether by himself, his servants, agents or privies or otherwise howsoever from trespassing on any part or portion of the said parcel of land measuring 100feet by 200feet lying and situate at ENO ERHAHON CLOSE Ugiokhuen Village, Ward 36A, covered by survey plan of Surveyor Stanley Egogo dated 11/03/05 covered by Litigation Survey Plan NO: SIE/EDO5/D2.

(iii) DAMAGES of N5,000,000.00 (Five Million Naira) only.”

(See page 7 of the Records)

The matter was subject to a full dressed hearing at which testimonial and documentary evidence was adduced by the parties. At the end of the plenary trial, the Lower Court in its judgment dismissed the Appellant’s case in its entirety. The scarified judgment is at pages 92-105 of the Records.

The Appellant was dissatisfied with the said judgment of the High Court of Edo State in the said Suit No. B/367/2004 between SAMSON IGHODARO vs. DR. EFIONAYI IYAYI delivered on 19th October, 2010 and he appealed against the same. The original notice of appeal was filed on 25th October, 2010. With the leave of Court, the Appellant filed additional grounds of appeal and an Amended Notice of Appeal which were deemed as properly filed on 25th April, 2012.

After the appeal was entered, briefs of argument were filed and exchanged by the parties. The Appellant’s Brief of Argument is dated and filed on 30th April, 2012. The Appellant also filed a Reply Brief which is dated 31st March 2014, filed on 1st April, 2014 and deemed as properly filed and served on 11th May, 2015. The Respondent’s Brief of Argument is dated and filed on 3rd July, 2012 and deemed as properly filed and served on 30th October, 2013.

At the hearing of the appeal, Ighodalo Imadegbelo, Esq., SAN, learned Senior Counsel for the Appellant adopted the submissions in the Appellant’s Briefs and he urged the court to allow the appeal, set aside the judgment of the Lower Court and enter judgment for the Appellant as per his Statement of Claim. In the same vein, E. F. Osifo, Esq., of Counsel for the Respondent adopted the submissions in the Respondent’s Brief and he urged the Court to dismiss the appeal and affirm the decision of the Lower Court.

The Appellant distilled two issues for determination in his brief of argument as follows:

“1. Whether or not the learned trial judge was right in holding that the Plaintiff did not prove his title to the land in dispute.