Background
On 2014-02-27, Mr. Richard Osayi ("Claimant") filed a Writ of Summons against an Unknown Trespasser in High Court No. 12, Benin City, seeking declarations of ownership, injunction and damages in respect of a 500ft by 700ft parcel of land at Aruogba Village, Ward 37B, Benin City. The Claimant alleged that in 2012 the Defendant illegally uprooted palm trees and commenced building on a 100ft by 500ft portion of the land without consent. After obtaining an ex parte order for substituted service on 2014-04-02, the originating processes and subsequent hearing notices were pasted and served on the Defendant, who failed to appear or file any defence.
The Claimant testified on oath, tendering eight exhibits including his 1997 application for allocation of building plot (Exhibit A/B), a deed of assignment with survey plan (Exhibit C), correspondence to the trespasser (Exhibit D) and photographic evidence (Exhibits D1–D4). His evidence established purchase, physical possession, continuous cultivation and enjoyment of the land for fifteen years prior to the trespass. The Defendant remained absent throughout the hearing, leading to unchallenged evidence.
Issues
The Court framed the sole issue for determination as:
- Whether the Claimant has adduced sufficient evidence to prove that he is the owner of the land in dispute.
Ratio Decidendi
The Court’s reasoning rested on two pillars:
- Credible Unchallenged Evidence: In the absence of any response from the Defendant, the Claimant’s uncontroverted testimony and exhibits were accepted as credible. The Court applied the principle that unchallenged evidence which is inherently credible may ground a favourable finding (Martchem Industries Nig. Ltd. v. MF Kent West Africa Ltd.).
- Acts of Long Possession: Ownership may be proved by acts of possession and enjoyment of land over a sufficient period. The Claimant’s uninterrupted cultivation, planting and harvesting of palm trees from 1997 to 2012—coupled with physical possession and formal allocation under Benin customary tenure—satisfied the requirement for exclusive ownership (Clement Odunukure v. Dennis Ofomata; Okpala Ezeokonkwo v. Nwafor Okeke).
Court Findings
The Court found as follows:
- The Claimant proved acquisition of the 500ft by 700ft land by application dated 1997, agreement receipt, deed of assignment and survey plan (Exhibits A–C).
- He demonstrated positive acts of possession—clearing, farming, planting and harvesting—for at least fifteen years, entitling him to the presumption of title.
- The Defendant’s entry in 2012, involving uprooting of palm trees and foundation-laying on a defined portion of the land, constituted an unlawful trespass.
- There was no evidence to specify the exact 100ft by 500ft portion in a litigation survey plan, but it was unnecessary: any unauthorized entry onto land in possession of another is actionable trespass and entitles the proprietor to damages (Emmanuel Aderibigbe Adeniran v. Emmanuel Alao Tosil Holding Ltd.).
Conclusion
The Court answered the sole issue affirmatively and granted the following reliefs:
- A declaration that Mr. Richard Osayi is the owner of the land measuring 500ft by 700ft at Aruogba Village and entitled to customary right of occupancy.
- A declaration that the Defendant’s entry onto the Claimant’s land is unlawful and illegal.
- A perpetual injunction restraining the Defendant, agents, servants, privies and workmen from further trespass.
- Damages of ₦1,000,000.00 (One Million Naira) for trespass to the Claimant’s land.
Significance
This decision underscores the weight accorded to unchallenged credible evidence and acts of long possession in proving land title under customary law. It affirms that substituted service is effective where the defendant is elusive, and clarifies that any unauthorized entry on a proprietor’s land, however small the area, constitutes actionable trespass. The case serves as a precedent for landowners seeking to protect customary occupancy rights and recover damages for unauthorized development by strangers.