Principles Governing the Acquisition of Valid Title to Land in Accordance with Bini Customary Law

CASE TITLE: OGBEBOR v. IHASEE (2024) LPELR-62380 (SC)

JUDGMENT DATE: 7TH JUNE, 2024

PRACTICE AREA: LAND LAW

LEAD JUDGMENT: STEPHEN JONAH ADAH, J.S.C.

SUMMARY OF JUDGMENT: 

INTRODUCTION:

This appeal borders on title to land.

FACTS:

This appeal is against the judgment of the Court of Appeal, Benin.

The case between the Appellant and the Respondent has been over the ownership of the land situate at Imutinyan Avenue in Ward 17/H covered by C of O No. EDSR/3119 registered as No. 4, Page 4 in Volume B/98. Both are claiming the said land in Exhibits B and L respectively. However, by Exhibit B, the Respondent was allocated the land on 11/1/1961, while by Exhibit L, the Appellant was allocated the said land on 26/8/1967.

The learned trial judge considered the evidence before him, as well as the address of the learned Counsel representing the parties at the end, found in favour of the Plaintiff/respondent. Aggrieved, the Appellant/Defendant appealed unsuccessfully to the Court of Appeal, hence the appeal to the Supreme Court.

ISSUE(S) FOR DETERMINATION:

The appeal was determined on the following issues:

1. “Whether the Court below was in error to affirm the trial judge’s reliance on Exhibit B and the rejection of the appellant’s Exhibit M in relation to the land in dispute.”

2. “Whether the Court below was in error to hold that there was no need for the Respondent to file a reply to the averments amended statement of defence and that the Appellant had the onus to prove the averments.”

3. “”Whether, having regard to the evidence in the case and the reliefs claimed by the Respondent, the Court below was in error to affirm the decision of the trial judge granting the Respondent’s claims and dismissing the appeal.”

DECISION/HELD:

On the whole, the appeal was dismissed.

RATIOS:

• APPEAL- FORMULATION OF ISSUE(S) FOR DETERMINATION: Purpose/essence of formulating issues for determination in an appeal
• APPEAL- REPLY BRIEF: Role of a reply brief in appeal
• APPEAL- INTERFERENCE WITH CONCURRENT FINDING(S) OF FACT(S): Attitude of the Supreme Court to interference with concurrent finding(s) of fact(s) of Lower Courts
• CUSTOMARY LAW- BENIN CUSTOMARY LAW: Principles governing the acquisition of valid title to land in accordance with Bini Customary law
• EVIDENCE- PROOF OF TITLE TO LAND: Ways of proving title/ownership of land/house
• EVIDENCE- BURDEN OF PROOF/ONUS OF PROOF: On whom lies the burden of proof in a claim for declaration of title to land
• EVIDENCE- UNCHALLENGED/UNCONTROVERTED EVIDENCE: Effect of an unchallenged/uncontroverted evidence
• LAND LAW- CERTIFICATE OF OCCUPANCY: Whether the registration of a certificate of occupancy can cure or validate any irregularities in its procurement
• LAND LAW- DECLARATION OF TITLE TO LAND: Duty of a claimant/plaintiff in an action for declaration of title to land
• LAND LAW- DOCUMENT OF TITLE: Principles governing proof of title to land by the production of title documents
• LAND LAW- COMPETING INTERESTS IN LAND: What is the position of law where there are competing interests by parties claiming from a commongrantor?

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