Leo O. C. Obijuru V. I. M. Ozims (1985)

LawGlobal-Hub Lead Judgment Report

L. BELLO, J.S.C.

The facts of this case are simple and straight forward. In October, 1956 the appellant’s father entered into an agreement of a lease for 90 years of a parcel of land, No.7 Oparanozie Street, Owerri from one Emmanuel Ikpeawujo who was then the head of the family that owned the land, hereinafter referred to as the land in dispute.

The tenant agreed to pay an annual rent of 4 pounds and paid 40 pounds being 10 years rent in advance.

The agreement for the lease was in writing but because it was not registered in accordance with the provisions of the Land Instruments Registration Law, Cap. 72 Laws of Eastern Nigeria 1963 the trial judge admitted it in evidence as a receipt for the payment of the rent as Exhibit B, and it reads:

“LAND LEASE AGREEMENT

An Agreement made this 1st day of October, 1956 between Emmanuel N. Ikpeawujo on behalf of himself heirs and successors of Amawom, Owerri hereby called the Landlord, and Joseph A. Obijuru on behalf of himself, heirs and successors of Amawon – Owerri hereby after called the Tenant.

That the landlord and the Tenant agreed as follows:-

The Landlord agreed to lease to the tenant, and the tenant agreed to pay to the landlord annually for that area of the plot measuring 50ft. by 100ft at Ishiezi.

That the tenant has paid to the landlord the sum of 40 pounds in advance for ten years and that the rent for subsequent years shall be made by annual payment of 4 pounds after the expiration of the tenth year 1966.

In the event of the position of the site, should there be any opposition to hinder the tenant from the use of the plot, the Landlord shall allocate to him another plot on any of his land. This lease shall be subject to renewal after 99 years. In testimony of the parties declaration of consent to this agreement they hereto affixed their signatures and stamp.”

The evidence shows that immediately after the execution of the Agreement, the lessee was put into possession of the land in dispute by the lessor and since 1956 the lessee’s family has been in possession of the land by planting and cultivating agricultural crops thereon. In 1969 both the lessee and the lessor died and the lease devolved to the Appellant while the remainder devolved to Livinus Ikpeawujo (DW2) and Ezikiel Umunako (DW3).

While the Appellant’s family were still in possession of the land in dispute and had their crops thereon, DW2 and DW3 published a public notice dated 13th March 1975 that they had sold the land in dispute and warned those persons cultivating or planting crops thereon to desist. In consequence of the aforesaid public notice, the Appellant paid the sum of N64 on 24th March 1975 to DW2 and DW3 being arrears of rent for the said lease of the land in dispute from 1967 to 1974. DW2 and DW3 accepted the amount and issued a receipt, Exhibit C, to the Appellant. Thereafter, in April 1975 the Respondent entered onto the land, destroyed the Appellant’s crops, erected a zinc hut and placed heaps of sand on the land.

In his testimony, the Respondent stated that he had known that before the civil War the wife of the Clement Umunakwe was cultivating the land in dispute but he was satisfied before he purchased the land it was free from any incumbarances. He said he had made a search at Land Registry, Enugu. He paid the sum of N420 to DW2 and DW3, the owners of the land, for its purchase under a Deed of Conveyance dated 24th June 1975, Exhibit F, which was registered. He admitted entering onto the land and erected a structure thereon but denied destroying the Appellant’s crops. He said he did not know that the land had been leased to the Appellant when he bought it.

The learned trial judge found from the evidence before him: