Background
In Suit No. B/138/2010, Mrs Grace Airhihenbuwa (Claimant) sued the Registered Trustees of Spirit and Life Bible Church (1st Defendant) and Mr Austine Edegbe (2nd Defendant) before the High Court of Justice, Edo State, Benin Judicial Division. The action, heard by Justice E.O. Ahamioje on 2015-11-10, sought: (a) a declaration that the Claimant is entitled to a statutory right of occupancy over a parcel of land measuring approximately 100ft × 200ft along Ralph Jo Drive, Ward 37B, Evboriaria, Benin City; (b) general damages of ₦2,000,000 for trespass; and (c) a perpetual injunction restraining further trespass. The Claimant alleged she acquired the land in March 1974 under Benin customary law by obtaining the Oba’s approval, took immediate possession and cultivated crops until 2002, when the 1st Defendant’s agents brought materials and began building a church after claiming to have purchased the land from the 2nd Defendant. She had previously filed suits in 2003 and 2006, both struck out, before instituting the present action in 2010.
Mrs Airhihenbuwa led evidence through three witnesses—including the Plot Allotment Committee’s Secretary and its Pointer—and tendered various documents, including Oba’s Approval (Exhibits A & D) and a litigation survey plan (Exhibit E). The 1st Defendant called three witnesses, including two church officers and a surveyor, and tendered its own Oba’s Approval (Exhibit B/J) and a deed of assignment (Exhibit H). The 2nd Defendant did not appear or file a defence.
Issues
- Whether the Claimant proved her title to the land on the balance of probabilities.
- Whether the 1st Defendant’s later acquisition and prolonged possession, and any doctrine of laches or acquiescence, barred the Claimant’s claim.
Ratio Decidendi
The court held that:
- Under Benin customary law, land title must follow strict customary steps, including application through the ward committee, inspection by a pointer, committee endorsement and Oba’s approval.
- Priority of customary grants prevails: a valid earlier grant outweighs a later one (nemo dat quod non habet).
- Authenticity of Oba’s approval is essential and must be corroborated by those involved in the local custody of the grant.
- Acts of trespass on land in peaceful possession attract damages and injunction.
Court Findings
The court found the Claimant’s evidence credible and consistent with customary procedure: she obtained Oba’s approval in March 1974, supported by testimony of the ward committee’s Secretary and Pointer. The 1st Defendant’s approval, purportedly granted in 1977, was discredited by those same committee custodians, who denied its authenticity and involvement. The 1st Defendant also failed to call its vendor or committee members to establish the validity of its grant. On possession, the Claimant demonstrated uninterrupted farming until 2002, while the 1st Defendant admitted erecting church structures without consent. The court concluded the Claimant held the superior title and that the 1st Defendant had trespassed.
Conclusion
Judgment was entered for the Claimant as follows:
1. Declaration that Mrs Grace Airhihenbuwa is entitled to a statutory right of occupancy over the land of 100ft × 200ft along Ralph Jo Drive, Ward 37B, Evboriaria, Benin City.
2. General damages of ₦300,000 awarded for trespass.
3. Perpetual injunction restraining the Defendants and all claiming through them from further trespass.
Costs assessed at ₦30,000 in favour of the Claimant.
Significance
This decision reinforces the primacy of customary land acquisition procedures in Edo State, emphasizing strict compliance and authentication of Oba’s approvals. It confirms that priority of grant under customary law determines title and underlines the courts’ readiness to award remedies for trespass. The case serves as a guide for establishing chain of title in land disputes governed by customary tenure.