Judgment
MISITURA OMODERE BOLAJI-YUSUFF, J.C.A. (Delivering the Leading Judgment) : This appeal is against the judgment of the High Court of Delta State delivered in suit no. AG/9/2014 on 24/3/2020.
In his Further Amended Statement of Claim, the respondent who was substituted for his late father, Okoro Osademe, the original claimant sought for declaration of title to a parcel of land lying and situate along Odeh Street, Ogbeisogban, Igbogili Abavo in Ika South Local Government Area bounded by Moses Ojeifo, Adanamigho Ikotu, Safa Nase, Jegbefume, Adagbonye Asemota, Odogwu Agwuhia, Okoh Ogbezuwa, Felix Edugie, Odeh Street, N50,000,000.00 (Fifty Million Naira) as special and general damages for trespass and an order of perpetual injunction restraining the defendants, their agents, servants and privies from committing further acts of trespass on the respondent’s land. The case of the respondent was that Modia, great grandfather of Osademe Okoro deforested the land in dispute many years ago and farmed on it till his death.
After Modia’s death, his son Gege inherited the land and he too farmed on the land till his death. Upon the death of Gege, his son Okoro inherited the land and continued farming on the land. Osademe Okoro grew up to meet his father, Okoro on the land and he joined him in farming on the land. Upon the death of Okoro, Osademe Okoro inherited the land. He planted palms, cashew, rubber, mango trees, peers and bamboos and was harvesting the crops without any disturbance from anybody. In February 2013, the appellants unlawfully broke into the land, damaged the economic crops and set them ablaze.
The matter was reported to the police but after their investigation, the police ruled that the matter was a civil matter. The appellants’ case was that the land in dispute known and called Eku Ugbo Ogbe situate behind Modern School (now Institute of Continuing Education, I.C.E) off Igbogoli/Ogbe Idibou Road, Igbogili, Abavo has from time immemorial been and is still the communal land of Ogbeisogban Community, Igbogili Quarters, Abavo in Ika South Local Government Area of Delta State. The respondent has never been in possession and is not the owner of the land in dispute.
