Otokhagua Ozibe & Ors V. Chief Ile Aigbe & Ors (1977)

LawGlobal-Hub Lead Judgment Report

O. OBASEKI, J.S.C. 

This appeal is against the judgment of Akpovi, J., delivered in the High Court of Mid-Western State (now High Court of Bendel State) sitting at Ubiaja on the 12th day of October, 1975.

Before that court, the plaintiffs who are respondents in this appeal claimed:
(a) Declaration of title to that piece or parcel of farmland lying and situate at Ikeken bush in Ewohimi which is particularly described and delineated (and edged) PINK in Survey Plan No. WE1942 filed by the plaintiffs along with their statement of claim;

(b) Perpetual Injunction restraining the defendants servants, agents or privies from entering the said land or doing anything on the land inconsistent with the plaintiffs’ right of ownership;

(c) Five hundred Naira damages for trespass.

The defendants who are appellants herein filed a counter-claim wherein they claimed against the plaintiffs:
(a)  A declaration of title to the parcels of land verged green and pink in both Plan Nos. WE494, and AR.1228 filed in these proceedings;

(b) Perpetual injunction restraining the plaintiffs, their privies, servants or agents from entering the said land and from committing wanton destruction of the defendants’ economic crops on the said land or doing anything at all on the said land which is inconsistent with the defendants’ rights of ownership;

(c) One thousand Naira damages for trespass.

Pleadings were ordered and duly filed and exchanged by the parties and at the close of the pleadings, the case was set down for hearing and heard.  The Statement of Claim consists of 15 short paragraphs and reads as follows:

“1. The Plaintiffs are natives of Ikeken Quarters in Ewohimi and reside there. They bring this action for themselves and on behalf of the people of Ikeken Quarters of Ewohimi.

2. The defendants are natives of Idumu-Agbor Quarters of Ewatto and reside there. They defend this action for themselves and on behalf of the people of Idumu-Agbor quarters.

3. The piece of land in dispute in respect of which this action is brought situates at a place generally called and known as Odi-Iwe Ikeken, which in English means Farmland of Ikeken, and the said land is edged ‘Pink’ in Survey Plan No. WE. 1942 which is filed along with this amended Statement of Claim.

4. The land in dispute constitutes a small portion of the plaintiffs’ farmland generally known and called Odi-Iwe Ikeken, verged ‘Green’ in the said Plan No. WE.1942.

5. The whole land verged ‘Green’ together with the land in dispute is a communal land belonging to people of Ikeken and it was first de-aforested at a time beyond human memory by the plaintiffs’ ancestors.