CORAM

---

SOWEMIMO, JUSTICE, SUPREME COURT

IRIKEFE, JUSTICE, SUPREME COURT

IDIGBE, JUSTICE, SUPREME COURT

---

PARTIES

---

CHIEF C. A. BENEBO OMONI CHIEF BIRIBO NGOLO OMONI CHIEF EKINE ORUTEME CHIEF WARIBOKO OSOKOLO CHIEF NGOGO OWITUBO CHIEF ISAAC OGAZI CHIEF SUNDAY BENEBO CHIEF FESTUS SALO CHIEF AMOS BENEBO CHIEF NATREBO ONYERI EGERTON ORUBO KONIBO HEADNAME BROWN DAMIEBI SUNDAY DICK AGU BEKINBO AARON DOUGLAS ALALIBO GHIDIADI DOUGLAS DANIEL GEORGE MACLOYD BROWN (For themselves and on behalf of the rest of Ke community) APPELLANTS

---

RESPONDENTS

---

AREA(S) OF LAW

---

---

SUMMARY OF FACTS

The respondents and the appellants are members of the same community. The appellant built a dispensary and maternity home on respondents land claiming they forfeited the land by planting juju on their share of land.

---

HELD

---

The court held that the custom that land is forfeited because harmful juju was placed on the land is against natural justice, equity and good conscience and there was no such proof against the respondent.

---

ISSUES

---

Whether by Native law and custom, land is forfeited by the placement of harmful juju on the land.

---

RATIONES DECIDENDI

---

PROOF OF OWNERSHIP OF TITLE

---

“It is settled law that where a party admits, the title to certain land which it claims was originally vested in a rival party, then onus is on the first party to prove that such rival party had been diverted of such title”. PER SOWEMIMO JSC

---

PROOF OF EXCLUSIVE POSSESSION VIS A VIS CLAIM FOR DAMAGES

---

“On a claim for damages for trespass and/or injunction, in respect of a community land which has been partitioned, it is enough that exclusive possession in a party is proved by exclusive occupation and user by such party to whom the community allocated the land, such exclusive occupation and/or user will support a claim for damage in trespass”
PER SOWEMIMO JSC

---

CASES CITED

---

---

STATUTES REFERRED TO

---

---

CLICK HERE TO READ FULL JUDGMENT