Background
On 2021-06-02, the Claimant, Miss Ivbonghomwen Aghimien, commenced this action by Writ of Summons and Statement of Claim against two defendants alleging wrongful sale and trespass to her land in Evbukhu Village, Ward 37/B, Benin–Sapele Road, Benin City, Oredo Local Government Area, Edo State. Before hearing, the second defendant settled out of court and was struck out, leading to amended processes filed on 2022-07-26. The Claimant sought:
- a declaration of her entitlement to a Statutory Right of Occupancy over a 100 feet by 100 feet parcel (929.640 sqm) delineated in Survey Plan No.NSK/ED/336/2008;
- a declaration that the sale of a 50 feet by 100 feet portion to the remaining defendant was invalid, fraudulent and void;
- an order setting aside any deed alienating the 50×100 feet parcel to the defendant;
- N100,000,000 general damages for trespass;
- a perpetual injunction restraining the defendant, her agents and privies from entering the disputed land.
The amended writ and statement were served on Mrs. Osayemwenre Otasowie Izevbuwa, who failed to file a defence or attend to cross-examination despite notice. At trial, the Claimant’s lawful attorney and her brother testified, tendering key exhibits: Deed of Transfer (Exhibit B), Approved Application for Building Plot (Exhibit C), Survey Plan No.NSK/ED/336/2008 (Exhibit D) and a police petition (Exhibit I). Having foreclosed the defendant from cross-examining witnesses and with no defence, the Court adjourned for final address on 2025-05-14.
Issues
- Whether the Claimant proved her case on the balance of probabilities to entitle her to the reliefs sought;
- Whether the defendant is liable for trespass on the 50×100 feet portion of the land;
- Whether, if the above are answered affirmatively, the Claimant is entitled to the claimed reliefs.
Ratio Decidendi
The Court held that in civil land matters the standard of proof is on the balance of probabilities and that unchallenged evidence of the Claimant, if cogent and credible, must be relied upon. An unregistered Deed of Transfer may not convey legal title but vests an equitable interest which cannot be defeated in the absence of notice to an innocent purchaser. Acts of ownership and long possession—such as surveying, demarcation by beacons, and building structures—constitute independent proof of title. Trespass is actionable per se, entitling the proprietor to injunctive relief and damages. Where losses are not quantified, nominal or modest general damages may be awarded at the Court’s discretion.
Court Findings
The Court found that the Claimant adduced credible, uncontroverted evidence establishing her equitable interest and exclusive possession of the entire parcel since 2008. Exhibit B (Deed of Transfer) and Exhibit D (Survey Plan) accurately identified and delineated the land bearings. The erection of a four-flat building up to roofing level demonstrated acts of ownership and possession. The defendant’s entry in February 2021, deposition of sand and moulding of blocks on the 50×100 feet portion constituted direct interference and trespass. In the absence of any defence, the balance of probabilities favoured the Claimant on all issues.
Conclusion
The Court resolved the sole remaining issue—whether the Claimant is entitled to the reliefs—in the affirmative. Accordingly, judgment was entered for the Claimant as follows:
- Declaration of her entitlement to a Statutory Right of Occupancy over the 100×100 feet parcel delineated in Survey Plan No.NSK/ED/336/2008;
- Declaration that the sale and any deed transferring the 50×100 feet portion to the defendant is invalid, fraudulent and void;
- Order setting aside any such conveyance to the defendant;
- General damages of N3,000,000 for trespass;
- Perpetual injunction restraining the defendant, her servants, agents and privies from entering the 50×100 feet portion;
- Costs of N200,000 awarded to the Claimant.
Significance
This decision reaffirms that in Nigerian land law an unchallenged, equitable interest arising from an unregistered deed suffices to support a claim to land if accompanied by acts of ownership and possession. It underscores the Court’s duty to evaluate uncontroverted evidence on balance of probabilities and confirms that trespass warrants injunctive relief and appropriate damages, even where quantifiable loss is not established.