DORA OBASUYI (NEE OKUNGBOWA) & ANOR V. PASTOR OSAHON SOLOMON (2016)

Background

On 2016-03-24, the High Court of Justice, Edo State (Benin Judicial Division) delivered judgment in Suit No. B/458/2007, brought by Dora Obasuyi (Nee Okungbowa) and Jim Igbinosa Okungbowa ("Claimants") against Pastor Osahon Solomon and Bernard Okhuaroobo OSAHON ("Defendants/Counter Claimants"). The Claimants sued as representatives of the family of Johnson I. Okungbowa, seeking:

• A declaration of ownership over a parcel of land (initially described as 50ft × 200ft at No. 4, Igbinadolor Street, Ekosodin, Benin City);
• An order of perpetual injunction against further trespass;
• General damages of ₦1,000,000 for trespass.

Subsequently, by leave of court, the Claimants amended their statement of claim to rely on a litigation survey plan (No. ISO/ED/039/2009) describing the land as 1,462.582 sqm. The Defendants were granted leave to file a counterclaim out of time, seeking:

• Declarations that the disputed land (100ft × 200ft at No. 4, Igbinadolor Street) is an Igiogbe (inherited property under Benin custom) of the 1st Defendant;
• A declaration that the 1st Defendant is entitled to a certificate of occupancy;
• A perpetual injunction restraining the Claimants from trespassing.

After protracted proceedings, the Claimants’ case was struck out for non-prosecution in May 2014. The Defendants/Counter Claimants then opened their case in January 2016, calling one witness (the 1st Defendant) who testified unchallenged and tendered a certified litigation survey plan (Exhibit A).

Issues

1. Whether the Defendants/Counter Claimants proved their title to the disputed land;
2. Whether unchallenged evidence suffices to ground declarations and an injunction;
3. The proper interplay between customary Igiogbe title and statutory rights.

Ratio Decidendi

The court applied established principles:

1. Where evidence is neither challenged by cross-examination nor contradicted by counter-evidence, it is accepted as credible (Okpoko Community Bank v. Igwe, 2013).
2. A party may prove title to land in any one of five ways (per Idundun & Ors v. Okumagba & Ors, 1976 NSCC 445); the Defendants/Counter Claimants relied on three: traditional evidence of inheritance, acts of long possession and enjoyment, and the certified litigation survey plan.

Court Findings

The court found that:

• The Claimants failed to challenge or contradict the 1st Defendant’s uncontroverted testimony regarding the origin, inheritance and possession of the land under Benin custom.
• Exhibit A (litigation survey plan No. KS/ED/K/08/08 dated 20/10/2008) accurately delineated the Igiogbe measuring 100ft × 200ft.
• The unchallenged evidence satisfied the minimal onus required once credibility is established.

Conclusion

Judgment was entered for the Defendants/Counter Claimants, granting:

1. A declaration that the house and land (100ft × 200ft at No. 4, Igbinadolor Street, Ekosodin Village) is an Igiogbe inherited by the 1st Defendant under Benin custom.
2. A declaration that the 1st Defendant is entitled to a certificate of occupancy over the same parcel.
3. A perpetual injunction restraining the Claimants, their agents and privies from trespassing upon the said land.
4. Costs of ₦10,000 in favor of the Defendants/Counter Claimants.

Significance

This decision underscores the importance of:

• Promptly challenging or contradicting adverse evidence at trial; failure to do so may be deemed acceptance.
• The recognition and enforcement of Benin customary Igiogbe rights alongside statutory survey instruments.
• The utility of litigation survey plans in resolving boundary and title disputes.

The case serves as a reminder that land disputes require diligent prosecution and that customary inheritance can form the basis of enforceable property rights in Nigerian courts.