Background
On 2022-12-20, Mr. Sunday Erhabor filed Suit No. B/1250/2022 at the High Court of Justice, Edo State (Benin Judicial Division), seeking a declaration of title over a 6.786-hectare parcel of land situated at Azagba Village, Benin–Abraka Road, Ikpoba-Okha LGA, Edo State, covered by Certificate of Occupancy No. EDL 6443. He also claimed ₦20,000,000.00 for unlawful trespass, an order for possession, and a perpetual injunction against the Defendants, styled as Persons Unknown. The processes were served but the Defendants did not appear or defend.
At trial, the Claimant testified as CW1 and tendered three key exhibits:
- Exhibit A: Family sharing document showing inheritance from his late mother.
- Exhibit B: Licensed surveyor’s plan (No. GEO:3356:2015) delineating the boundaries.
- Exhibit C: Certificate of Occupancy dated 18 January 2022, granted by Edo State Government.
The Defendants were foreclosed after failing to participate despite repeated hearing notices. The Claimant’s counsel filed final written address raising a sole issue of whether the Claimant is entitled to the reliefs despite no defence.
Issues
- Whether the Claimant has proved his title to the land in dispute.
- Whether the Claimant is entitled to damages, possession and perpetual injunction for trespass.
Ratio Decidendi
The Court applied established principles:
- Title to land may be proved by any one of five methods, including production of title documents (Idundun v. Okumagba 1976).
- Unchallenged evidence remains credible and may be accepted if cogent (Monkom v. Odili 2010).
- A Certificate of Occupancy is prima facie proof of title unless successfully challenged (Ilona v. Idakwo 2003).
- Trespass is the slightest disturbance of possession (Jiaza v. Bamgbose 1999).
- Perpetual injunction follows a proven trespass to prevent future encroachment.
- General damages for trespass are awarded at the court’s discretion to compensate actual loss (Olatunde Laja v. Isiba 1979).
Court Findings
The Judge found that:
- The Claimant established root of title by Exhibits A, B and C. Exhibit C, a valid Certificate of Occupancy, conclusively demonstrates statutory title.
- The Defendants, by entering the land and commencing building works without consent, committed trespass, disturbing the Claimant’s exclusive possession.
- The Claimant’s uncontradicted evidence regarding crop destruction and disruption of agricultural plans justified an award of general damages.
- A perpetual injunction is necessary to restrain any further acts of trespass by the Defendants or those claiming under them.
Conclusion
Accordingly, judgment was entered for the Claimant as follows:
- Declaration of title to the land under C of O No. EDL 6443.
- Award of ₦3,000,000.00 general damages for unlawful trespass.
- Order granting possession of the land to the Claimant.
- Perpetual injunction restraining the Defendants and their agents from further trespass.
- Costs of ₦200,000.00 in favour of the Claimant.
Significance
This decision underscores the importance of statutory title documents and the ease with which unchallenged, credible evidence can secure relief in undefended land disputes. It reaffirms that a Certificate of Occupancy is prima facie proof and that the court will readily grant damages and injunctive relief where trespass is established.