Background
On 18 March 2021, Dr. Peter I. Ozo-Eson (Claimant) filed Suit No. B/173/2021 at the High Court of Justice, Edo State (Benin Judicial Division) against Mr. John Etinosa Ekuase (Defendant). The Claimant sought:
- A declaration that he is the owner of a 100 feet by 100 feet parcel of land at Okhuoromi Village, Benin City, covered by Property Survey Plan No. MEA/ED/666/2018;
- A perpetual injunction restraining the Defendant from trespassing on the land;
- General damages of ₦20,000,000 for trespass.
The Claimant acquired the land by Deed of Transfer dated 29 October 2018 (Exhibit A) and caused it to be surveyed (Exhibit B). The land, originally granted to his predecessor-in-title by the Okhuoromi Community, had been fenced and was in peaceful possession of the predecessor until the Defendant, in January 2021, demolished the fence and iron gate. Photographs of the damage were admitted as Exhibits C and C1. The Defendant was served but failed to defend, leading to foreclosure of his defence and hearing of the Claimant’s unchallenged evidence.
Issues
The sole issue formulated by counsel for the Claimant was:
“Whether, from the circumstances of this case, the Claimant is not entitled to the reliefs claimed?”
Ratio Decidendi
- The Court will accept unchallenged evidence as credible and of probative value, satisfying the burden of proof on minimal evidence.
- An unregistered deed of transfer confers an equitable interest in land which is binding unless defeated by a purchaser for value without notice.
- Acts of ownership and possession, such as installation of an iron gate and fencing, constitute independent proof of title.
- Trespass to land is actionable per se and entitles a plaintiff to injunction and at least nominal damages.
- General damages for trespass are assessed at the Court’s discretion based on the circumstances and harm caused.
Court Findings
The Court found that the Defendant did not challenge the Claimant’s evidence. The Claimant’s uncontradicted testimony, supporting documents and photographs established:
- An equitable interest in the land through Exhibit A (Deed of Transfer) and Exhibit B (Survey Plan).
- Physical acts of ownership and possession (fence, gate, application for Certificate of Occupancy).
- Demolition of the gate and fence by the Defendant, constituting trespass.
The Court applied leading authorities confirming that unregistered registrable instruments can vest equitable interests, and that unchallenged evidence must be credited if cogent. It held that the Claimant proved title by documents and acts of ownership, and that trespass was established.
Conclusion
The Court resolved the sole issue in favor of the Claimant. It declared that the Claimant is the owner of the 100 feet by 100 feet parcel of land at Okhuoromi Village covered by Survey Plan No. MEA/ED/666/2018. It granted a perpetual injunction restraining the Defendant, his agents or privies from further trespass, and awarded general damages of ₦2,000,000 for the trespass.
Significance
This decision underscores the principle that unchallenged evidence, when credible, satisfies the burden of proof on minimal evidence. It reaffirms that an unregistered deed of transfer creates an equitable interest, and that acts of ownership independently suffice to prove title. The case illustrates the Court’s approach to damages for trespass, emphasizing that even without quantifiable loss, a plaintiff is entitled to at least nominal or modest general damages. It offers guidance on handling community-based land allocations and boundary disputes in Nigerian land law.