CORAM
NNAMANI, JUSTICE SUPREME COURT
UWAIS, JUSTICE SUPREME COURT
OPUTA, JUSTICE SUPREME COURT
WALI, JUSTICE SUPREME COURT
CRAIG, JUSTICE SUPREME COURT
PARTIES
H. N. O. AWOYEGBE
S. A. ABURIME
APPELLANTS
CHIEF J. E. OGBEIDE
RESPONDENTS
AREA(S) OF LAW
CUSTOMARY LAW – LAND TENURE – VISIT TO LOCUS IN QUO – TRESPASS – PERPETUAL INJUNCTION – DAMAGES
SUMMARY OF FACTS
The plaintiff was allotted land based on Benin custom. The defendant later trespassed on the plaintiff’s land claiming to have been allotted same land by the Oba.
HELD
The Court held that the appeal fails and it is dismissed. The judgment of the Court of Appeal is affirmed and it is ordered that the judgment of trial court together with the order for costs is hereby set aside.
ISSUES
1. Whether the Court of Appeal was right in holding that Ex. F (The Boundary Dispute Determination Edict 1977) was of general application re-validating all allocations in Benin-City made by Ward 17H Allocation Committee be-fore Ex. F was promulgated.
2. Whether the Justices of the Court of Appeal were right in granting title to the Respondent when there was evidence on record that 3rd party interests (i.e. Mr. Onuwaje) who were not parties to the action, would be affected.”
RATIONES DECIDENDI
VISIT TO LOCUS IN QUO.
“The import of the words italicized is that the court does not cease to be a court merely because it is sitting in some other place other than its normal habitat. This means that any material statement made in the course of the visit must be recorded and the opposing party given the opportunity of testing that statement, if need be, by cross-examination.” CRAIG, JSC.
PROOF OF TITLE UNDER CUSTOMARY LAW
“Where there is competing title to the land, the question to be asked is who has made a good title, and not who first obtained the Oba’s approval.” CRAIG, JSC.
CASES CITED
1. Arase v. Arase (1981) 5 SC.(Reprint) 21;(1981) 5 SC. 33
2. K.S. Okeanya v. Madam E Aguebor (1970) 1 All NLR. 1
3. Atiti Gold v. B. Osaseren (1970) 1 All NLR. 132.
4. O. Aikhionbare & Ors. v. U. Ornoregie & Ors. (1976) 12 SC (Reprint) 6;(1976) 12 SC.11 at p.28.
5. A. Ejidike and Anor. v. Christopher Obiora (1951) 13 WACA. 270 at 274.
6. Chief A. Nwizuk v. Chief Waribo Eneyok & Anor. (1953) 14 WACA. Musa Naji v. Mallam S. Shafi (1956) NMLR. 33.
7. Mrs. Aigbe v. Bishop J. Edokpolor (1977) 2 SC (Reprint) 1;(1977) 2 SC.1
8. I. Arase v. P. Arase (1981) 5 SC (Reprint ) 21;(1981) 5 SC. 33.
9. V. Bello v. Magnus Eweka (1981) 1 S.C.(Reprint) 63; (1981)1 SC. 101.
STATUTES REFERRED TO
Not Available