Background
In Suit No. B/360/16, Mr. Christopher Iyirhiaro (Claimant) instituted proceedings against Gladys Omoruyi (Defendant) seeking a declaration of statutory right of occupancy, a perpetual injunction, and damages for trespass. The Claimant filed a Writ of Summons on 7 June 2016 and Statement of Claim on 1 June 2016, served on the Defendant who failed to appear at any stage of the trial. Originally joined with a second defendant, that party was struck out on 4 August 2016. The property in dispute is a house at No. 40B, Isosimwioba Street (Jesus Christ Road), off Upper Sakponba Road, Benin City. The Claimant testified that he purchased the property by Deed of Transfer dated 2 February 1993, restructured it, added an extra room and store, and enjoyed uninterrupted possession. The Defendant is the mother of two of his children, co-habited with him until migrating to Canada in 2010, where she allegedly made false abandonment claims and blocked his participation in later family events. After the Defendant’s departure, the Claimant discovered she had instructed workmen to remove a perimeter fence and commence construction on the land, prompting this action. Trial was before Hon. Justice P.A. Akhihiero on 7 April 2017.
Issues
- Whether the Claimant is entitled to statutory right of occupancy in respect of the house at No. 40B, Isosimwioba Street;
- Whether the Claimant is entitled to a perpetual injunction restraining the Defendant, her servants, agents or privies from trespassing;
- Whether the Claimant is entitled to N2,000,000.00 as damages for trespass.
Ratio Decidendi
The court reaffirmed established principles: unchallenged evidence, if cogent, is credible; proof of title may rest on root of title documents and corroborative acts of ownership; a person in possession may seek relief for trespass against one who lacks better title; and where trespass is established, the court must grant injunctive relief and may award general or nominal damages based on proof of loss.
Court Findings
Issue 1: The Claimant produced Exhibit A (Deed of Transfer 2 February 1993) and Exhibits B–D (earlier agreements and Oba’s approval) as root of title, and led uncontroverted evidence of renovation and physical possession. Applying the five recognized means of proving title, the Court found his documentary and possession evidence credible and sufficient to establish statutory right of occupancy.
Issue 2: The Claimant’s testimony, supported by two witnesses, revealed that the Defendant or her agents removed part of the perimeter fence and began new construction on the property without consent. These acts constituted trespass. Citing authority that trespassers are liable to injunction, the Court granted a perpetual injunction to prevent further unlawful interference, ensuring the judgment’s efficacy.
Issue 3: Although the Court held that the Defendant’s trespass entitled the Claimant to damages, it found his evidence of actual loss vague and unspecific. Under principles requiring proof of loss for general damages, and absent particularization, the Court exercised discretion to award nominal damages rather than the claimed sum of N2,000,000.00.
Conclusion
Judgment was entered in favour of the Claimant as follows:
- A declaration that Mr. Christopher Iyirhiaro is the owner entitled to statutory right of occupancy of No. 40B, Isosimwioba Street, Benin City;
- A perpetual injunction restraining the Defendant, her servants, agents or privies, from trespassing on the subject property;
- Nominal damages in the sum of N200,000.00;
- Costs assessed at N20,000.00 in favour of the Claimant.
Significance
This decision illustrates the application of unchallenged evidence doctrine in undefended suits and clarifies the evidential thresholds for proving land title in Nigeria. It underscores the court’s duty to assess the credibility of uncontroverted evidence, the necessity of enabling injunctive relief in trespass actions, and the prudent exercise of awarding nominal versus general damages where loss is not concretely established.