Background
Mrs. Christy Asowata (“Claimant”) instituted Suit No. B/326/2012 in the High Court of Justice, Edo State, Benin Judicial Division, seeking declaration of beneficial ownership over a parcel of land measuring 1000ft by 850ft at Ogheghe Village, Ikpoba Okha LGA, Benin City. She relied on three transfer instruments executed by the late Enogie Iyiriaro Aiwekhoe on 30 March 1977, 26 April 1977 and 4 August 2000 (Exhibits A, B and C) and a property survey plan (Exhibit D). By her Statement of Claim, she prayed for: (i) a declaration that she is the rightful person entitled to apply for and be granted a Certificate or Statutory Right of Occupancy; (ii) perpetual injunction; and (iii) general damages of ₦1,000,000 for trespass.
Despite service of the writ, hearing notices and substituted service on the first Defendant, Sunday David, and personal service on the second Defendant, Enogie Iyiriaro Aghatise, neither Defendant appeared or defended the action. The Claimant testified as C.W.1, her husband as C.W.2 and Surveyor F.O. Oduyebo as C.W.3. Evidence led established uninterrupted possession, cultivation and enjoyment of the land from 1977 until unauthorized encroachment in September 2011. The Court admitted the three transfer agreements and the property plan as Exhibits A–D.
Issues
- Whether the Claimant discharged the burden of proof to establish beneficial ownership and entitlement to statutory right of occupancy.
- Whether the Defendants trespassed into the Claimant’s land and the appropriate reliefs.
Ratio Decidendi
The Court applied Order 29 Rule 3 of the High Court Civil Procedure Rules 2012, allowing defaulting Claimant to prove her case. It invoked the Supreme Court’s guidance in Idundun v. Okumagba (1976) 10 NSCC 445 on methods of proving land ownership, particularly acts of long possession and enjoyment. It reaffirmed that unchallenged evidence in pleadings or testimony is deemed admitted (Oyewole v. Akande).
Court Findings
The Court found that:
- The Claimant proved beneficial ownership by three authenticated transfer instruments and long, undisturbed possession from 1977 to 2011, including cultivation of palm trees and construction of a palm-mill.
- The second Defendant, formerly her harvest laborer, admitted sale of a portion of her land to the first Defendant, and the first Defendant admitted trespass when confronted publicly.
- The Surveyor’s evidence and Exhibit D confirmed the precise dimensions and boundaries, demonstrating that the Defendant’s foundation encroached on the Claimant’s land.
- These acts, uncontroverted by the defaulting Defendants, established trespass.
Conclusion
The Claimant, having satisfied the minimal proof requirement for a defaulting Defendant, was held to be the beneficial owner and entitled to apply for a Certificate of Occupancy or Statutory Right of Occupancy over the entire 1000ft by 850ft parcel. The Defendants were adjudged trespassers for unauthorized destruction of palm trees and erection of a foundation. The Court granted:
- A declaration of beneficial ownership and right to statutory title.
- A perpetual injunction restraining the Defendants, agents, heirs and privies from further trespass.
- General damages of ₦500,000 for the wrongful destruction and encroachment.
Significance
This decision illustrates the principle that unchallenged oral and documentary evidence can suffice to establish land title in default proceedings. It underscores the protective scope of Order 29 Rule 3 for defaulting Defendants and validates long possession and enjoyment as conclusive proof of title. Further, it reaffirms the Court’s power to grant declaratory relief, perpetual injunctions and fair damages to protect proprietary rights and deter wrongful encroachment.