Judgment
UCHECHUKWU ONYEMENAM, J.C.A. (Delivering the Leading Judgment) : This appeal is against the judgment of the High Court of Edo State sitting at Benin City delivered in Suit No. B/36/2012 by A. Edodo-Eruaga, J. on 14th February, 2018, wherein the trial Court entered judgment in favour of the Appellant.
The Appellant at the trial Court by an amended Writ of Summons and statement of claim filed on 13th March, 2014, prayed for the following order: (a) “A declaration that the Claimant is entitled to customary right of occupancy to all that piece or parcel of land situate at Ora Village Area, Ovia North East Local Government Area of Edo State, Benin City verged red in litigation survey plan No.
SEA/ED/D./172A/2017 and prepared by Surveyor Henry Ediagbonya B.SC MBA herewith containing an area of 2987.625 square meters (b) The sum of N50,000.00 only being general damages for trespass in that the defendants, their servants, privies and agents at various dates beginning from March, 2011 when they broke and entered the claimant’s said land and bulldozed large area of the claimant’s economic and arable crops without the consent and authority of the claimant. (c) An order of perpetual injunction restraining the defendants, their servants, privies and agents, from further trespassing unto the land as howsoever doing or continuing to do anything inconsistent with the vested right of the claimant over the land in dispute.” The brief fact of the case is that the Respondent who was the Claimant at the trial Court alleged that he is the owner of the piece of land measuring an area of 2987.625 square metres allegedly situate at Ora Village in Ovia North East Local Government Area of Edo State which land he claimed to have inherited from his late father, Pa Jonah Airhumwinde Omoregie who acquired same in 1920 through customary grant from the Odionwere and Elders of Ora Community.
The Respondent claimed that this land in dispute is part of the larger parcel of land acquired by his late father. He also alleged that the Odionwere and Elders also planted an Ikhinmwin tree on the land after the land was granted to his father to symbolize his ownership over the land and his father farmed on it from 1920 till 1993 when he passed on. After the death of his father, the Respondent then appointed Mr. Daniel as a caretaker who also farmed on the land.
