CORAM

ANTHONY IKECHUKWU IGUH JUSTICE, SUPREME COURT

PARTIES

MADAM EUNICE ENABULELE APPELLANTS

RESPONDENTS

AREA(S) OF LAW

SUMMARY OF FACTS

The respondent brought an action for trespass to land and a declaration that she is the one entitled to a statutory right of occupancy of the piece of land against the appellant

HELD

The Court held that although as a general rule priority under Bini Native Law and Customary depend on date of Oba’s approval but in the instant ease the respondent showed a better title and so was rightly given priority by the learned trial Judge and accordingly dismissed the appeal.

ISSUES

1. Whether having regard to Exhibits A and G the Respondent has established a prior title under Benin customary law as to defeat the interest of the Appellant and her predecessors in title on the land in dispute.2. Whether taking cognisance of the whole evidence before the court the Plaintiff/Respondent has proved her claim under Benin Customary Law as to entitle her to the declaration and injunction sought.

RATIONES DECIDENDI

CASES CITED

Aigbe v. Edokpolo (1977) 2 SC. 1 at 3;Arase v. Arase (1981) 5 SC. 33;Okeava v. Agaebor (1970) 1 All NLR 1 at 8-10 (Reprint);Atiti Gold v. Osaseren (1970) 1 All NLR 132; (1971) UILR. 131;Akhionbare v. Ontoregie (1976) 12 SC. 11 at 28;Bello v. Eweka (1981) 1 SC. 101Awoyegbe v. Ogbeide (1988) 1 NWLR (Part 73) 695.Bello v. Eweka (1981) 1 SC. 101 at 129

STATUTES REFERRED TO

Evidence Act Cap. 112 Laws of the Federation, 1990

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