Background
This case concerns a boundary and title dispute over a parcel of land situated at Ifon Road (Benin–Lagos Road), Ward L, Uselu Quarters, Benin City. The Claimant, Chief Henry Uyi Obasoyen, inherited part of this property from his late father, Chief L.A.I. Obasoyen, and acquired additional contiguous parcels by purchase in 1953–1954. The entire tract was surveyed by Mr. T. John in 1964 and subsequently conveyed by His Royal Highness Akenzua II, Oba of Benin, to the Claimant by Deed of Conveyance dated 27 June 1966 (Exhibit F), registered as No. 20, Page 20, Volume 43 at the Benin City Land Registry. The Claimant and his father paid all requisite government rates and maintained possession uninterruptedly until 1995, when the 1st Defendant, Mr. Anthony Okungbowa, commenced building operations on the disputed portion without consent. Thereafter the 2nd Defendant, Mr. Nosa Enotoruwa Odiase, also constructed a structure on another part of the Claimant’s land.
Issues
- Whether the Claimant has established a better root of title than the Defendants.
- Whether the Defendants’ counter-claim for a Certificate of Occupancy and injunction is sustainable.
- Whether the Claimant is entitled to declarations, damages and perpetual injunction.
Ratio Decidendi
The court applied the principle that priority of title rests on documentary evidence duly registered under customary law as recognized by the Land Use Act and the Registration Law. It reaffirmed that oral evidence cannot be used to contradict or exclude a valid registered document (Section 128, Evidence Act; Ogundele v. Agiri). Further, a party exercising exclusive acts of possession over land for a sufficient period is entitled to a declaration of title (Olagunju v. Adesoye).
Court Findings
The court evaluated both parties’ documentary exhibits and oral testimony. It made the following key findings:
- Validity of Claimant’s Title: Exhibit F (1966 Conveyance) was properly executed, registered and supported by survey Plan TJ.W243B (1964).
- Priority of Registration: The Conveyance pre-dates the Defendants’ title document (Exhibit P, 1977) by over a decade.
- Exclusive Possession: The Claimant’s family paid rates (Exhibits G–G5), water rates (H–H11), and obtained government permits (E, E1) from 1954 until the Defendants’ 1995 incursion, evidencing peaceful possession.
- Inadmissible Oral Contradiction: The Defendants’ assertion that the Claimant’s registered plan included their land was dismissed as an attempt to override written evidence, contrary to Section 128 of the Evidence Act.
- Defendants’ Root of Title: The 1st Defendant’s title from Odiase (1977) covered only a small parcel (30.31 m × 15.61 m × 33.13 m × 15.59 m), insufficient to override the Claimant’s pre-existing statutory right of occupancy.
Conclusion
The Claimant proved a superior root of title and long, exclusive possession dating back to the 1950s. The Defendants failed to establish any prior right or valid title over the disputed portions. Judgment was entered in favour of the Claimant, granting:
- A declaration that Chief Henry Uyi Obasoyen is entitled to the Statutory Right of Occupancy over the land delineated in Plan TJ.W243B (1964), registered as No. 20, Page 20, Volume 43.
- N2,000,000.00 as special and general damages for trespass.
- A perpetual injunction restraining the Defendants, their agents and privies from further trespass.
Significance
This decision underscores the primacy of duly executed and registered conveyances under customary land regimes in Nigeria. It affirms that oral testimony cannot negate clear documentary title, and that continuous possession, payment of rates and formal conveyance to a traditional ruler followed by registration confer a statutory right of occupancy enforceable against later claimants. The case reinforces the protective scope of Section 128 of the Evidence Act and principles on exclusive possession in title disputes.