Madam Meminotu Ibrahim V. Dr. Lasisi Osunde & Ors (2009)

LAWGLOBAL HUB Lead Judgment Report

O. ADEREMI, J.S.C.

This is an appeal against the judgment of the Court of Appeal (Benin Division) in No CA/B/284/97. Madam Meminotu Ibrahim vs. Dr. Lasisi Osunde & Ors delivered on the 11th of February 2002 dismissing the appellant’s appeal against the judgment of the High Court of Justice holden at Benin-city, Edo state which had earlier dismissed the claims of the plaintiff (the present appellant) in toto but granted all the reliefs claimed by the defendants in each of their respective counter – claims. The judgment of the trial court in respect of the claim and counter – claims was delivered on the 23rd of May, 1995.

With the leave of the trial court, both parties amended their respective pleadings. In her amended statement of claim, the plaintiff/appellant claimed against the defendant/respondents jointly and severally as follows:

“1. A declaration that the plaintiff is the owner by inheritance of all that parcel of land verged RED in plan No. JAA/BD/403/88 of 11th August 1988 filed along with this statement of claim and that she is the only person entitled to be granted a Certificate of Occupancy in respect of the said parcel of land

2. An order of perpetual injunction restraining the defendant by themselves servants and/or privies from doing on the land anything inconsistent with rights and interest of the plaintiff.”

Although the 1st-3rd defendants/respondents filed a joint defence, each of them however filed a separate counter- claim. The final pleadings upon which the trial was predicated are (1) the amended statement of claim deemed to have been properly filed with the leave of court on the 10th of April 1991 and (2) second further amended joint statement of defence and the separate counter – claims of each of the 1st, 2nd and 3rd defendants/respondents deemed to have been filed and amended on the 24th of April 1991.

In his separate counter – claim, the 1st defendant/counter-claimant counter-claimed against the plaintiff, as defendant to the counter- claim, as follows:

“(1) A declaration that he (1st defendant/counter-claimant) is the person entitled to statutory right of occupancy to all that piece or parcel of land verged blue in Plan No OSA/1933/BD88 filed with the statement of defence which is bounded by survey beacons Nos MG.1290, MG 1291, CP7,PC7828,CP8 AND MG 1293.

(2) Damages of N1000.00 against the plaintiff for her trespass unto the 1st defendant’s land.

(3) Perpetual injunction against the plaintiff, her servants, agents and/or privies from further trespass unto the said land.”

For his part, the 2nd defendant/counter-claimant counter-claimed against the plaintiff, as defendant to the counter-claim, as follows:

(1) A declaration that he (2nd defendant/ counter-claimant) is the person entitled to statutory right of occupancy to all that piece or parcel of land verged yellow in Plan No OSA/1933/BD88 filed with the statement of defence which is bounded by survey beacons Nos MG 1291, CP17,CP4,CP5,CP6 and CP7

(2)An order of perpetual injunction against the plaintiff, her servants, agent and her privies from entering the said land or doing anything whatsoever on the said land.

Finally, in respect of the counter – claim, the 3rd defendant/counter-claimant, counter-claimed against the plaintiff, as defendant to the counter – claim, as follows:

(1) that having succeeded to his childless elder brother, late Jibrila Braimoh (Ibrahim) Guobadia, in accordance with Benin Native law and Custom,he is the one entitled to inherit all that parcel of land situate at Mission Road, Benin City within Benin City Judicial Division containing an area of about 1458,646 square metres and verged red in Plan No OSA/1933/BD88 filed by the defendants in this suit and he is therefore the person that is entitled to statutory right of occupancy in respect of the said parcel of land.