Background
On 3 February 2025, the High Court of Justice of Edo State, Benin Judicial Division, delivered judgment in Suit No. B/193/2021. The claimant, Mr. John A. Osarumwense, sought a declaration of title and exclusive possession over a parcel of land measuring 150 feet by 100 feet at Egba Village, Ward 34/F, Benin City. He relied on an alleged Oba’s Approval dated 25 January 1975 and subsequent Certificate of Occupancy. The claimant also alleged long possession, having operated a sawmill and petrol station, rented portions to tenants, and commissioned survey plans. The defendants, four members of the Ogiemwanye and related families, denied the validity of the Oba’s Approval, challenged the identity of the Plot Allotment Committee, and alleged forgery. They claimed their own title by way of customary gifts and valid Oba’s approvals obtained through the recognized Plot Allotment Committee chaired by the late Pa Solomon Ighiwi.
Issues
- Whether the claimant established a valid title to the land in dispute by proving a proper root of title or acts of ownership and possession.
- Whether procurement of a Certificate of Occupancy during litigation can cure any defect in the claimant’s title.
Ratio Decidendi
- Under Benin customary law, a valid grant of land requires recommendation by the properly constituted Plot Allotment Committee and endorsement of the Oba’s Approval.
- Where the Oba’s Approval derives from an unauthorized committee, the root of title is defective and cannot support a Certificate of Occupancy.
- A Certificate of Occupancy raises only a prima facie presumption of title and cannot cure a fundamentally defective root of title (“one cannot put something on nothing”).
- Long possession or acts of ownership, absent a valid root of title, amount to mere trespass and will not establish title against record owners.
Court Findings
The court carefully reviewed documentary and oral evidence, including:
- Exhibit A – the claimant’s alleged Oba’s Approval from a committee not recognized by the Oba’s palace;
- Exhibits L, M, N, O – correspondence and judgments confirming that only the Plot Allotment Committee headed by Pa Solomon Ighiwi was valid;
- Exhibit B – the claimant’s survey plan, contradicted by his own litigation plan;
- Exhibit C1 – the Certificate of Occupancy issued during the suit;
- Defendants’ evidence of valid Oba’s Approvals (Exhibits K and Q) and customary gifts with deeds of transfer (Exhibits P).
The court held that the claimant’s root of title (Exhibit A) was procured from an unauthorized committee, as established by the Supreme Court in Owie v. Ighiwi (2005). The endorsement of the Oba’s Approval, without proper committee recommendation, is void and a nullity. Consequently, the Certificate of Occupancy based on that defect was invalid. The claimant’s long possession and acts of ownership—operation of a sawmill, petrol station, and tenancy arrangements—could not cure the fundamental defect in title and amounted to trespass. The defendants, having proved a better title by valid customary grant and Oba’s Approvals, were entitled to dismissal of the claim.
Conclusion
The sole issue—whether the claimant proved title on the preponderance of evidence—was resolved against the claimant. The suit was dismissed for want of merit. The claimant’s request for a declaration, perpetual injunction, and N10,000,000 in damages was refused. Costs of N200,000 were awarded in favor of the defendants.
Significance
This decision reinforces strict adherence to procedural and substantive requirements for customary land grants in Edo State: recommendation by the recognized Plot Allotment Committee, proper Oba’s Approval, and unbroken chain of title. It affirms that a Certificate of Occupancy cannot remedy a void root of title, and that possession alone, absent valid documentary title, does not confer ownership. The judgment provides guidance to practitioners and litigants on proving land rights under Benin customary law.