PHARM. EMWINOMA AGBONDINMWIN OSADOLOR V. ARUTODE KELVIN AJIS (2023)

Background

The dispute in Suit No. B/815/2021 was brought before the High Court of Justice, Edo State (Benin Judicial Division), on 7 March 2023. The Claimant, Pharm. Emwinoma Agbondinmwin Osadolor, contended that he is the rightful owner of a parcel of land measuring 100ft by 200ft situated at Princess Ighiwiyisi Eweka’s Estate (now No. 50 Gapiona Street, G.R.A), Benin City within the jurisdiction of the court. He alleged that he acquired the land by Deed of Transfer dated 14 March 2018 (Exhibit A) from Samson U. Imalele, who in turn obtained it from Chief Arutode Emakpor Ajise. The Claimant traced his root of title to a grant by Oba Akenzua II in December 1972 (Exhibit B1) and a subsequent transfer in October 1993 (Exhibit B).

The Claimant asserted that the Defendant, Mr. Arutode Kelvin Ajise, forcefully trespassed on the said land in April 2019, erecting structures without consent. He sought:

1. A declaration that he is entitled to apply and be granted Statutory Right of Occupancy over the parcel.
2. A declaration that the Defendant’s trespass was wrongful and without authority.
3. N5,000,000.00 as general damages for trespass and related wrongful acts.
4. An order for the Defendant to vacate and remove structures built on the land.
5. A perpetual injunction restraining further trespass.

The Defendant defaulted at every stage of the proceedings and did not file a defence or attend hearings. The Claimant testified and called one witness, a registered surveyor, and tendered Exhibits A–G, including title documents, warning letters, police petitions, and survey plans. After the close of the Claimant’s case and service of his final written address, the Defendant remained absent, and the court heard arguments in default.

Issues

The sole issue formulated by counsel for determination was:

“Whether the Claimant has been able to establish his title before this Honourable Court in view of the evidence led and the exhibits tendered.”

Ratio Decidendi

1. Nigerian law recognises five methods of proving title to land: traditional evidence; production of title documents; acts of ownership; proof of possession of connected lands; and long possession and enjoyment.
2. An unregistered but registrable instrument, once paid for and possession taken, vests an equitable interest in the purchaser, defeasible only by a bona fide purchaser without notice.
3. Unchallenged, credible evidence carries probative value; where a defendant defaults and evidence remains uncontroverted, the burden on a claimant is discharged on minimal proof.

Court Findings

• The Defendant failed to defend the suit despite service of all processes; the Claimant’s evidence thus remained unchallenged and admissible.
• Exhibit A (Deed of Transfer dated 14 March 2018) established the Claimant’s equitable interest. Exhibits B, B1, F, and G corroborated the root of title and boundaries.
• Acts of ownership and uninterrupted, peaceful possession from 2018 until the alleged trespass in April 2019 further supported the Claimant’s equitable interest and title.
• The court held that trespass to land is actionable per se; entitlement to damages arises without proof of actual loss.
• General damages were awarded in nominal sum due to lack of evidence on the extent of loss.
• Orders for removal of unlawful structures and a perpetual injunction were deemed appropriate to protect the Claimant’s rights.

Conclusion

Accordingly, the court resolved the sole issue in favour of the Claimant and entered judgment for:

1. A declaration that the Claimant is the rightful person entitled to apply and be granted Statutory Right of Occupancy over the land.
2. A declaration that the Defendant’s trespass was wrongful and without consent.
3. N1,000,000.00 as general damages for trespass.
4. An order directing the Defendant to vacate and remove any structures built on the land.
5. A perpetual injunction restraining the Defendant, his agents, servants, and privies from further trespass.

Costs were assessed at N200,000.00 in favour of the Claimant.

Significance

This decision reaffirms key principles in Nigerian land law: equitable interests arising from unregistered instruments accompanied by payment and possession; the weight of unchallenged evidence in default proceedings; and the remedies available for trespass, including declarations of title, damages, removal orders, and perpetual injunctions. It underscores the necessity for defendants to engage in litigation to avoid adverse judgments and highlights the judiciary’s role in protecting landowners’ equitable and legal interests.