Facts Have Emerged That Yorubas Own Okerenghigho Not Ijaws - Politics - Nairaland
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| Facts Have Emerged That Yorubas Own Okerenghigho Not Ijaws by kpogede77(op): 12:51pm On Jan 08, 2018*. Modified: 1:42pm On Jan 08, 2018 |
FINAL PROOF OF OWNERSHIP OF OKERENGHIGHO BY THE OMADINO PEOPLE. (PLEASE, PATIENTLY READ THROUGH THE ENTIRE JUDGMENT. James Uluba and Co v. Chief E.E Sillo and Co. [1972 - Supreme Court] [Judgment] T. O. ELIAS, C.J.N. (Delivering the Leading Judgment): This is an appeal from the judgment of Obaseki, J., in the High Court, Warri, Mid-Western State, in which the plaintiffs for themselves and on behalf of Omadinor people claimed as per their Writ of Summons against the defendants for themselves and on behalf of Okenrenghigho people as follows: (1) Possessory title to all that piece or parcel of land known and described as "Okenrenghigho'' in Warri Division in the plan filed and tendered by the plaintiffs in case No. W/29/1951: Chief E. E. Sillo & Ors. V. Adurumokumor & Ors. (2) An order of Court that the defendants do pay to the plaintiffs an annual rent of 100 (One Hundred Pounds) or such amount as may be found due to the plaintiffs, for the occupation, use and enjoyment of the said piece or parcel of plaintiff's land at Okenrenghigho. (3) An order of injunction restraining the defendants and their agents and/or servants from demanding and collecting tents or dues from plaintiff's tenants on the said land or other users of the said land. The plaintiffs are Itsekiris and natives of Omadinor village in Ode-Itsekiri District of Delta Province. While the defendants are Ijaws residing at what the Itsekiris called Okenrenghigho (or ) village but which the Ijaws call https://m./105184559628346?view=permalink&id=1329286833884773 |
| Re: Facts Have Emerged That Yorubas Own Okerenghigho Not Ijaws by LLSAINT(m): 12:56pm On Jan 08, 2018 |
We are not interested on who owns it but the development of the community. |
| Re: Facts Have Emerged That Yorubas Own Okerenghigho Not Ijaws by kpogede77(op): 1:12pm On Jan 08, 2018 |
Read the full fact about the ownership of Okerenghigho site of marine University. Yorubas of Ijebu own the land. Ijaws are tenant who have been paying rent to the Yorubas of Omadinor https://m./105184559628346?view=permalink&id=1329286833884773 |
| Re: Facts Have Emerged That Yorubas Own Okerenghigho Not Ijaws by dannytoe(m): 1:15pm On Jan 08, 2018 |
Lies from Afonja Media |
| Re: Facts Have Emerged That Yorubas Own Okerenghigho Not Ijaws by kpogede77(op): 1:15pm On Jan 08, 2018 |
It is you that is not interested because the land is not your own. The owners of the land are more interested in the land than the so called development which GEJ tried to use in stealing Yoruba Land. |
| Re: Facts Have Emerged That Yorubas Own Okerenghigho Not Ijaws by ipodstinks: 1:21pm On Jan 08, 2018 |
We do nor even need the land, the ijaws can have it. But thanks for revelation abyway. |
| Re: Facts Have Emerged That Yorubas Own Okerenghigho Not Ijaws by kpogede77(op): 1:23pm On Jan 08, 2018 |
Over five hundred years ago plaintiffs ancestor
migrated from a place known as Ode in Yoruba
area and founded Okenghigho. In course of time
it was observed that the place was not big
enough for their number which was
systematically increasing, and it became
necessary for other settlement like Aghigho,
Akpata and finally Omadino to be made
Okenghigho (or Okenrenghigbo) was then used
as a camp or village for seasonal fishing.
4. After sometime one Princess lye of Itsekiri
land whose mother was a descendant of
plaintiff's ancestor made a request from
plaintiff's people to allow her to use
Okenrenghigbo as a temporary habitation for the
several slaves she had, and this was allowed.
She was then living in the Benin River area. As
time went by, an Ijaw man by name Akpatah
went to Chanomi, son of Princess lye to allow
him and his people and families to settle on a
portion of Okenrenghigho land, and this was also
allowed after Shanomi had obtained the consent
of plaintiff's ancestors at Omadino village.
5. In recognition of the rights of Omadino people
to Okenrenghigho where they lived and fished,
Akpatah and his people paid homage and
customary rents to Omadino people during the
latter's annual festivals. Later, the early Ijaw
settlers were followed by other Ijaw people who
came there to fish, and the practice of paying
customary rent every year continued.
6. In the same way, some of the other
settlements founded and owned by the Omadino
community were occupied by other groups of
Ijaw people who also paid their customary rents
to plaintiffs.
7. After some time the Ijaws at Bakokodia
demanded and received rents and other dues
from the users of Bakokodia and Akpata land
and creeks. When Omadino people asked for
such monies to be refunded to them the Ijaw
people refused, and continued to lay claim to the
whole area of land.
8 . In pursuance of their claim, Omadino people
instituted an action against the Ijaw people in
1951, claiming a declaration to title to the land,
and the case, Suit No. W /29/51: Chief E. E. Sillo
& Ors. V. Adurumokumor & Ors. ended in favour
of the Omadino community. The said case,
together with the plan used in it will be founded
upon at the hearing of this action.
9. After the judgment in suit No. W/29/51 had
been entered in favour of the plaintiffs,
Adurumokumor and the people of Bakokodia who
were the defendants in the case continued to
use the land without any regard for the interests
of the plaintiffs or the judgments against them.
10. The Ijaws, i.e. the people of Bakokodia
continued to place tenants on the land and also
disturbed plaintiff's tenants and other users of
the land. They made it highly difficult for the
plaintiffs to demand and collect rents and
tributes from the people using the land and
waters.
11. Whereupon the plaintiffs were obliged to
bring another action against Adurumokumor in
Warri High Court in 1961. The Writ of Summons
in the case, Suit No. W/37/61: Chief E.E. Sillo &
Anor. V. Adurumokumor together with the
Supreme Court judgment (SC. 393/64) will be
founded upon at the hearing of this case.
12. A few years ago it was observed that the
defendants were not paying their usual
customary rent, and were also collecting dues
and rents from plaintiff's tenants on the land.
13. The defendants have continued to occupy
and use the said land. The village or area
occupied by the defendants and which is the
subject matter in dispute is shown on the plan
No. W/GA88/62, drawn by a licenced Surveyor
Mr. G. A.Obianwu and filed with this Statement
of Claim. This was also the plan used in the case
by the plaintiffs against Adurumokumor and
others in Suit No.W/29/ 1951.
14. At the time plaintiffs occupied the land in
dispute the defendants were unknown and
plaintiffs ancestors exercised maximum rights of
ownership and possession over the said land.
The rights of ownership were enjoyed without
any secrecy and hindrance and these rights were
known and accepted by the defendants.
15. The defendants have not been paying any
rents or dues to the plaintiffs for the use and
occupation of the said land for some years and
have also not ceased collecting rents from
plaintiff's tenants and other users of the land.
Pleadings were ordered and filed.
The defendants by their own amended Statement
of Defence began with a general traverse,
admitted that Omadino village is in the Itsekiri
District of Delta Province, denied paragraph 3, 4,
5 and 6 of the amended Statement of Claim,
averred that they were not in a position to admit
or deny paragraph 7, 8, 9, 10 and 11 of the
Statement of Claim as they were neither parties
nor privies to, not were they even aware of, the
disputes referred to therein, further denied
paragraph 14 and averred that the plaintiffs as
Yorubas were not entitled to their claim in
paragraph 15 of the Statement of Claim against
them. Their most important replies are however,
contained in the following paragraphs of their
Amended Statement of Defence;
5. In regard to the aforesaid paragraphs 3, 4, 5
and 6 the defendants further aver as follows:
(a)That the village now called Omadino was
originally an Ijaw village. Its founder Oweizibri at
a time now beyond human memory was an Ijaw
who named the place Amaduno which in the
Ijaw language meant a public fishing pond, in a
town or village.
(b)After settling there for several years, certain
Yoruba immigrants arrived Amaduno and asked
permission of Oweizibri to settle near him. He
granted their request and they settled. Later, as
the population increased in the place, due largely
to the influx of more Yorubas, the two
settlements of Yorubas and Ijaws merged
together but the Ijaw section of it till the present
day is called Idumi-Ijaw.
(c) The aforementioned Oweizibri was a brother
to one Akpata, defendants ancestor and founder
of Okenrenkoko. When Akpata arrived at
Okenrenkoko and camped there, no Itsekiri,
Yoruba or persons of tribes other than Ijaw were
in the area now in dispute. The time is now
beyond human memory, long before Prince
Ginuwa drifted in his box from a creek near Benin
into the Ijaw area of the Niger Delta.
(d)The descendants of Akpata are the rightful
owners of Okenrenkoko who lived in peace with
Prince Ginuwa and his descendants. 8. The
defendants also deny paragraph 12 of the
Statement of Claim and further state in reply
thereof that defendants have always collected
rents from tenants on the land in dispute in their
own rights as owners.
9. With regard to paragraph 13 of the S |
| Re: Facts Have Emerged That Yorubas Own Okerenghigho Not Ijaws by kpogede77(op): 1:30pm On Jan 08, 2018 |
owners.
9. With regard to paragraph 13 of the Statement
of Claim defendants assert that their ancestors
were the original founders of Okenrenkoko and
have ever lived there in their own rights as
owners in possession. They have always
exercised maximum rights of ownership and user
over the land and creeks in dispute without the
interference of plaintiffs whose ancestors are
Yorubas. Defendants are not in a position to
deny or admit that Plan No. W/GA88/62 was the
one used in Plaintiff's case against
Adurumokumor and others in Suit No.W/29/1951.
12. Even if the plaintiffs had at any time the
rights claimed in this action (which are denied by
defendants) the defendants will contend that the
said rights are no longer enforceable against
them by reason of plaintiffs laches and
acquiescence, lapse of time and defendants long
possession of the said land and creeks in
dispute.'' The first plaintiffs gave evidence and
called eight witnesses, and the second defendant
also gave evidence and called five witnesses.
After hearing all the evidence adduced before
him, the learned trial Judge found as a fact that
the land in dispute is called Okenrenghigho (or
Okenghigho) by the Itsekiris and Okenrenkoko by
the Ijaws, and that the main issue raised in the
pleadings and on the evidence is whether Akpata
settled in Okerenghigho as founder or as
customary tenant of Omadinor people. The
learned trial Judge said: ''On the contrary the
defendants claim Akpata as their common
ancestor and leader and their title to the land is
descended from him. Beyond Akpata their
forebears claims no interest in, or right and title
to Okenrenghigho.'' As each of the two surveyors
that surveyed and prepared a plan of the land in
dispute for plaintiffs and defendants respectively
were not available, the plan prepared by one
Obianwu for the plaintiffs was admitted by
consent and marked Exhibit ''A'' and the
photocopy of the copy lodged with the Surveyor-
General is Exhibit "A1'' The plan prepared by one
Chukwurah for the defendants was also admitted
by consent as Exhibit B''and the photoprint of
the copy lodged with the Surveyor-General as
Exhibit ''E''. The learned trial Judge considered
that the judgment in the case of Reece, J.,
E.E.Sillo & Anor. V. Adurumokumor W/29/1951,
which was admitted as Exhibit ''C'' although
without the plan to which it was tied, sufficiently
described the area in respect of which
declaration was granted to the plaintiffs to make
the declaration prayed for in this action almost
unnecessary. In that case the declaration sought
was in respect of a parcel of land situate at
Omadinor bounded on the north by the land of
Binikrukrus and Dagbaros, on the south by
Escravas River, on the west by Nana River and
on the east by the land of Obobo. Within this
area described, one finds situated the land
Okenghigho or Okenrenghigho. The learned trial
Judge observed: ''On examination of the plans
Exhibit ''A'' and Exhibit ''B'' it is clear that the
land the subject matter of this claim called
Okenrenghigho forms part of and falls within the
area described in the claim in Suit No.
W/291/951 and delineated in the plan to which
the declaration was tied in that suit. '' The
learned trial Judge finally reached the following
conclusion: ''The evidence of the plaintiffs and
their witnesses as to the founding of
Okenrenghigho before me in this case is more
Okenrenkoko credible than the defendants
evidence and leads me to the conclusion that
Okerenghigho or Okenghigho was founded by the
plaintiff's ancestors and that the original
ancestor of the defendants by name Akpata and
his followers settled on the land with the
permission of the plaintiff's ancestors. And I find
that he accepted his position as their customary
tenant.This I so find.'' He, therefore,
(a) granted, a declaration of possessory title of
ownership, to the plaintiffs as claimed in the
writ, (b) held that the plaintiffs were not entitled
to payment for use and occupation of the land
but only to payment of annual tribute or homage,
in acknowledgement of title of possessory
ownership and not for the use and occupation,
and
(c) granted to the defendants as prayed the
writ. Against this decision, the appellants have
appealed to this court on the following grounds:
1. Judgment is against the weight of evidence.
2. The learned trial Judge misdirected himself in
law at the facts in holding that- The admission of
the defence that Akpata was the defendants
common ancestor and that the defendants title
to the land descended from him and the claim
by the plaintiff that at the request of Governor
Shanomi that they permitted Akpata to settle on
the land Okerenghigho with his followers on
payment of homage or tribute in the form of
palm wine, fish and farm products weakens the
defence. The plaintiffs however are entitled to
rely on the admission by the defence that Akpata
is their common ancestor.'' Particulars of
Misdirection (a) The fact that the plaintiffs
choose to build their traditional evidence around
the person of the defendants ancestor does not
necessarily give greater weight to the plaintiffs
traditional evidence as compared with the
defendants.
(b) The plea of the defendants that Akpata was
their ancestor is an averment of a positive fact
on which they relied and is no admission of any
averment of the plaintiffs.
3. The learned trial Judge erred in law and on
the facts in failing to observe that the plaintiffs
failed to prove the plan allegedly filed and
tendered by them in case No. W/29/1951: Chief
E. E.Sillo & Ors. V. Adurumokumor & Ors.
4. The learned trial Judge erred in law in holding
as follows: ''I am satisfied that the village land
Okenrenghigho which is the subject matter in
dispute in this case falls within the area
described in the claim in Suit No. W/29/1951.
The area of land described before me by 1st
Plaintiff's witness and in Exhibits ''A'', ''A1'' is the
same as the area of land in respect of which the
judgment Exhibit ''C'' was entered for Plaintiff by
this court then Supreme Court.'' Particulars of
Error:
1. There was no admissible evidence of the area
of land over which the Supreme Court gave
judgment in favour of the Plaintiffs in Suit No.
W/29/51 and no explanation was offered for the
failure to produce the plan of the said land:
2. Accordingly, it was pure conjecture on the part
of the learned trial Judge to have suggested that
the land described in Exhibit ''A'' and '' A1'' was
the same as that covered by Exhibit ''C''; And
What was described in Exhibits ''A'' and ''A1'' as
''land in dispute'' could not reasonably have been
what was in dispute in Exhibit ''C'' and there is
no admissible evidence that the land now in
dispute was within what was disputed in Exhibit
''C''
5. The learned trial Judge erred in law and on
the facts in failing to uphold the equitable
defences of laches, acquiescence and or long
possession.
6. The learned trial Judge misdirected himself in
law and on the facts in holding as follows: ''The
facts: main issue raised in the evidence is
whether Akpata settled in Okenrenghigho as
founder or as customary tenant of Omadino
people.'' Particulars of Misdirection
(i) The main issue of the pleadings and evidence
was whether the plaintiffs have discharged the
onus on them to rebut the presumption of
ownership in favour of the defendants who were
admittedly in possession of the land; and
(ii) It being common ground between the parties
that the defendant's ancestor was the first to
settle on the land, it was the duty of the court to
ascertain whether the plaintiff has established by
evidence that they or their ancestors made a
grant of the land to the predecessors in title of
the defendants.
7. The learned trial Judge erred in law and on
the facts in preferring the traditional evidence of
one side to that of the other without testing or
making an attempt to test the rival traditional
evidence by reference to recent facts
established by evidence or admitted by both
sides.
8. The learned trial Judge erred in law and on
the facts in relying on the evidence of the Acting
Secretary of the Itsekiri Communal Land
Trustees and Exhibits ''D1'' ''D15'' when,
(a) The evidence was inconsistent with the
averments in the Statement of Claim and with
the evidence of the plaintiff' |
| Re: Facts Have Emerged That Yorubas Own Okerenghigho Not Ijaws by kpogede77(op): 1:46pm On Jan 08, 2018 |
o recent facts
established by evidence or admitted by both
sides.
8. The learned trial Judge erred in law and on
the facts in relying on the evidence of the Acting
Secretary of the Itsekiri Communal Land
Trustees and Exhibits ''D1'' ''D15'' when,
(a) The evidence was inconsistent with the
averments in the Statement of Claim and with
the evidence of the plaintiff's principal witness
1, Chief E. E. Sillo.
(b) There was no plea suggesting that the Olu of
Warri as Head or representative of the Itsekiri
Communal Land Trustees had any right title or
interest in the land in dispute or acted as agents
for the plaintiffs in relation to this land, and
accordingly, evidence on those matters should
not have been admitted and in any case such
evidence is obviously untrue and/or of no weight.
IN THE ALTERNATIVE
9 The plaintiffs claim ought to have been
dismissed because,
(a) On their own evidence and on the pleadings
they have no possessory title to the land claimed
by them against the defendants.
(b) There is no evidence to support the claim for
rent and in any event on the facts alleged the
said claim is mis-conceived; the land over which
injunction is claimed is not identified on the
plans Exhibits ''A'' and ''A1'' in a manner capable
of identification on the grounds; and
(c) As the claim for injunction is ancillary to the
claim for possessory title it must also fail on the
ground that the claim for possessory title cannot
stand. Chief Williams, learned counsel for the
appellants, chose not to argue grounds 1 and 2
separately, but to refer to the issues of facts
raised in them as appropriate when arguing the
other grounds. He did not argue ground 5 which
must, therefore, be deemed to have been
abandoned. In arguing grounds 3 and 4 together,
Chief Williams contended that the judgment (Suit
No. W/29/51) was tendered, not the plan tied to
it, as Exhibit "C" in the present case, but that
the parties in that case were not the same as
those in this appeal and the plan used in that
case was tendered as Exhibit 1. He submitted
that proof of an exhibit in a previous suit can be
established only in accordance with Section
96(1) of the Evidence Act (Cap.62), and that the
learned trial Judge in treating Exhibits "A" and
"A1" as proof of what was in dispute in Exhibit
"C" should have asked for a certified true copy
which under Section 96(2)(c) is alone admissible
as secondary evidence of a public document as
is the judgment in question. He cited Obadina
Family & Ors. v. Ambrose Family & Ors. SC.
169/68 delivered on 31/1/69 in support, and
submitted that Exhibits "A" and "A1" should have
been disregarded by the learned trial Judge, and
that that would have left a serious gap in the
plaintiffs' case. Chief Williams then made the
alternative submission that, even if the learned
trial Judge were right in looking at the plans
(Exhibits "A" and "A1" , what he would find
would be the area marked red without a plan to
identify it precisely. It is his view that no
declaration of title could be made in respect of
such an area, and cited Sowa v. Senabor 11 NLR
82, at p. 85; and Kwadzo v. Adiei 10 WACA 74.
Under grounds 6 and 7, Chief Williams argued
that, it being common ground that the
defendants were in possession of the land
Okenrenghigho claimed by the plaintiffs, both
sides attempted to establish their claim by
traditional evidence but that the learned trial
Judge preferred that of the plaintiffs even though
those in possession should be deemed to be
owners and recent acts should be considered in
deciding ownership; Kojo v. Bonsie (1957)1 WLR
1223 at p.1226, 1227; also Adenie v. Ovegbade
(1964) 1NLR 26 in which Bonsie was adopted.
We note, however, that Adenie relates entirely to
family land and two sections of the same family
were in dispute as to portions of it, so that the
cases cited are not in pan materia. Chief
Williams next argued that Exhibit "C" cannot
operate as an estoppel since the appellants were
neither parties or privies to it. We think that the
judgment Exhibit "C" is admissible and was
rightly admitted by the learned trial Judge, to
establish acts of possession on the part of the
plaintiffs and not to sustain a plea of estoppel or
res judicata: see Abadi v. Catholic Mission
(1935) 2 WACA 380, at pp. 381 and 383. As to
the payments of rents, Chief Williams submitted
under ground 8 that the plaintiffs had failed to
prove that the defendants ever paid rent to
them, and that there was no plea suggesting that
the Olu of Warri as Head or representative of the
Itsekiri Community or the Itsekiri Communal Land
Trustees had any right, title or interest in the
land in dispute or acted as agents for the
plaintiffs in relation to this land; accordingly,
evidence as to those matters should have been
rejected by the court either as false or as of no
weight. Chief Williams strongly contended that
this evidence is inconsistent with the plaintiffs'
pleadings and is in fact not raised by the
pleadings, and that the learned trial Judge should
have ignored it. He cited Bada v. Chairman
L.E.D.B SC. 501/65 delivered on June 3, 1967,
and M.P.C. v. Thomson Organisation SC. 192/67
in support of the proposition that evidence as to
a point not pleaded goes to no issue, that the
Judge in the instant case should not have had
regard to the rent receipts tendered in evidence,
and that payment of rent to the Itsekiri
Communal Land Trust is no evidence against the
defendants 'since the Olu of Warri is not a party
to the present appeal. In arguing ground 9, Chief
Williams submitted that the injunction should not
have been granted since the radical title is in the
Olu. In any case, the expression "Possessory
title" is a term of art in real property law, and, in
his submission, it is apt to be confusing and
misleading as a basis for a declaration by a
court of law; according to Jowitt's "Dictionary of
English Law" Vol. 1 p. 1370 (1959 Edn.),
"possessory title: denotes, inter alia "squatter's
title". The Olu of Warri should have been joined
with the Omadinor people to bring the action for
a declaration of title simpliciter. As to the claim
of an injunction, it is Chief Williams's contenfton
that it should not have been granted in the
absence of a plan showing precisely the area in
question. In reply, Chief Awolowo made three
submissions of a general nature. The first is that
the land in dispute is identifiable and was indeed
identified by the learned trial Judge. Even though
the defendants filed three statements of
defence, not once did they deny the plans; both
parties are never in doubt as to be identity of the
land in dispute, all they bandied about being the
name by which the land is called by each side;
the location is the same on both sets of plans, A
and A1 and B and B1. And the boundaries of the
land are as thus described in Reece, J's
judgment in Exhibit "C": ".................... a parcel
of land situate at Omadinor bounded on the
north by lands of Binikrukrus and Dagboros on
the south by Escravos river on the west by Nana
river and on the east by land of Obode, the
extent of which is said to be more fully
described and delineated in a plan. The plan was
put in evidence as Exhibit 1. There was also a
claim for 300 pounds damages for the
defendants' interference with the fishing rights of
the plaintiffs and preventing the plaintiffs from
collecting rents from the tenants using the said
land." Chief Awolowo's second submission is
that the learned trial Judge is right in preferring
the plaintiffs' evidence of traditional history of
the land in dispute to that of the defendants.
The plaintiffs made positive averments as to
their own traditional history whereas the
defendants were tary in admitting Akpata as
their common ancestor. The first plaintiff did not
agree that Akpata was a relation of Owezuibiri,
but was definite that the land was granted to
Akpata and his followers to settle in after their
migration from Ijaw areas. Learned counsel for
the respondents submitted in the third place that
the plaintiffs had over the years exercised
persistent and consistent acts of ownership over
the land in dispute. The plaintiffs' contention is
that, of all the inhabitants of Okenrenghigho, it
was only the Ijaws as customary tenants who
stopped paying rents since 1929; moreover,
these Ijaw tenants even went on to collect rents
from other tenants. The first plaintiff explained in
detail in the court below the various steps taken
by them to assert their rights of ownership,
including the previous land suits they
successfully brought against those of their
tenants who had attempted to deny their title to
portions of their land. Chief Awolowo pointed out
that the area in Exhibit "C" is a larger one than
the area now in dispute and embraces the latter
in its totality. The boundaries of the land are the
same as shown on the plan, Exhibit 1. He
submitted that contrary to the argument by Chief
Williams that no declaration to title should have
been granted in the absence of a plan of the
land in dispute, there is abundant authority for
the view that a plan is not always a necessity, so
long as the identity of the land can otherwise be
ascertained to the satisfaction of the court. We
think that there is merit in this submission. In
Alhaji Etiko v. Aroyewun (1959) 4 FSC 129, at p.
130, we had occasion to observe as follows:
"There is, however, no dispute as to the identity
of the land with which this case is concerned
and E.O. Griffin from whom the plaintiff bought,
gave evidence identifying the land which Griffin
then sold under Exhibit "E" with the land in
dispute. Thus, even if as alleged in ground 2, the
trial Judge's use of the plan attached to the
Statement of Claim was wrong (as to which I am
by no means satisfied), there was ample other
evidence identifying the land claimed with what
the respondent bought. There being no difficulty
about identifying the land in dispute it was open
to the court below, to grant the declaration
sought without basing the declaration on a plan.
The order granting the plaintiff a declaration
was, however, based on the plan attached to
Exhibit "E" and not on Exhibit "A", and I cannot
see anything wrong with that in view of Griffin's
evidence." Again, in Garba v. Akacha (1966)
NMLR. 62, at p. 64, we said: "In Ebileetc.v.
Onwugbonu (1) a Federal Supreme Court case
decided on 21st June, 1963 the court said: "I do
not share the view that a plan is an absolute
necessity in every land case..........In the present
case..................it is abundantly clear from the
record of proceedings in that court that the
parties were agreed on the land in dispute, its
features and its area." In the case before us we
have no doubt that both parties and the trial
court knew precisely what piece of land was in
dispute. That is the criterion. We therefore find
no merit in this ground of appeal." It now
remains for us to consider the objection raised
by the appellant to the grant by the lower court
of a declaration of a "possessory title" to the
plaintiffs in respect of the land in dispute. It is
worthy of note that the Writ of Summons speaks
of "possessory title" and that the Statement of
Claim avers that the plaintiffs' ancestors
exercised maximum rights of ownership and
possession over the said land". Also, counsel for
the plaintiffs, in his final address before the trial
court, expressed himself thus: "The radical title
is in the Olu of Warri. We claim possessory title.
What claim amounts to is mesne profits. The
defendants are there with our permission. The
court can declare that they pay us something
yearly. We want an injunction to restrain the
defendants from collecting rents from the
tenants and depriving us of our rights." In his
ruling, the learned trial Judge used the
expressions "acts of ownership and possession"
exercised by the plaintiffs and "a declaration of
possessory title" of ownership". It thus seems
clear that the use of the expression "possessory
title in their Writ of Summons was employed by
the plaintiffs either because they had already
conceded the radical title to the Olu or because
they were really pre-occupied with asserting their
claim under customary law to receive the rent or
profit therefrom. We are of the view that neither
the wording of the relief sought nor the learned
trial Judge's use of the expression "possessory
title" is apt, and that the declaration should not
have been granted in those terms. We think that
all the learned trial Judge wanted to grant was a
re-affirmation of the ownership and possession
of the plaintiffs to the land which he found to
have been granted in at least Openly and Deny
This Obvious Facts. previous judgment. We will
accordingly dismiss this appeal and affirm the
judgment of Obaseki, J., in the High Court, Warri,
in Suit No. W/30/1962 delivered on October 3,
1969, except that the declaration will be one for
"possessory title". We award costs assessed at
N125 to the respondents in this appeal.
Let The Ijaws Of Gbaramatu |
| Re: Facts Have Emerged That Yorubas Own Okerenghigho Not Ijaws by kpogede77(op): 2:49pm On Jan 08, 2018 |
They should relocate to Bayelsa if the can't live as tenant |
| Re: Facts Have Emerged That Yorubas Own Okerenghigho Not Ijaws by Atlanticfire: 3:34pm On Jan 08, 2018 |
"If you argue the ownership of the moon with the Itsekiri in a court of law, the Itsekiri will produce the receipt with which they bought the moon from God"........ Okumagba. Argueing land with the Itsekiris in a law court is almost useless, they have cunningly gotten court rulings that give most Ijaw lands to them even without the knowledge of the Ijaws. The Itsekiris have been stealing Ijaw lands for a very long time. The Ijaws don't even bother going to court anymore against the Itsekiris to argue land cases, They just mount AK-47 and anti aircraft guns and tell the Itsekiris to dare go to thier land. |
| Re: Facts Have Emerged That Yorubas Own Okerenghigho Not Ijaws by ANOWEDGREAT: 4:46pm On Jan 08, 2018 |
Atlanticfire:Absolutely correct most lands the itsekiris are currently claiming where won by court cases due to their educational advantage against the ijaws. |
| Re: Facts Have Emerged That Yorubas Own Okerenghigho Not Ijaws by SHAKABOOM: 5:27pm On Jan 08, 2018 |
Hahahahahahahahaha! Make una come read new year joke oooohhh..Hahahahahahaha
|
| Re: Facts Have Emerged That Yorubas Own Okerenghigho Not Ijaws by SHAKABOOM: 5:33pm On Jan 08, 2018 |
kpogede77:Which yoruba land?Mr Attache by force Land grabber.. Ayiri is biting more than he can chew. |
| Re: Facts Have Emerged That Yorubas Own Okerenghigho Not Ijaws by kpogede77(op): 7:33pm On Jan 08, 2018 |
It is not attachee matter. You can't separate the Itsekiris from Yorubas. The Illajes are Yorubas like itsekiris. Itsekiri did not borrow the language. It's their ancestral language. From the judgement above, the people of Omadinor said they migrated from Ode in Yoruba Land to Omadinor over 500 years ago |
| Re: Facts Have Emerged That Yorubas Own Okerenghigho Not Ijaws by kpogede77(op): 8:14pm On Jan 08, 2018 |
Ijaws should present any document to show that they are not tenant as they claim. Why is it taking them decades to provide evidence |
| Re: Facts Have Emerged That Yorubas Own Okerenghigho Not Ijaws by ImperialYoruba: 8:24pm On Jan 08, 2018 |
LLSAINT:You develop at your own loss! Why sink money into rented land that passes hand from heir to heir? |
| Re: Facts Have Emerged That Yorubas Own Okerenghigho Not Ijaws by ImperialYoruba: 8:27pm On Jan 08, 2018 |
Atlanticfire:How many king dynasties are in Ijaw history? |
| Re: Facts Have Emerged That Yorubas Own Okerenghigho Not Ijaws by Nobody: 8:30pm On Jan 08, 2018 |
kpogede77:Please, kindly rewrite the heading of this post. Omadino is an Itsekiri community. Don't try to start a Yoruba vs Itsekiri war on NL. |
| Re: Facts Have Emerged That Yorubas Own Okerenghigho Not Ijaws by Nobody: 8:33pm On Jan 08, 2018 |
Atlanticfire:Ijaws are just delaying judgement day then. If they think guns will save them in 50 year's time then, they are mistaken. A civil approach is usually the best and accepted way in the entire world. All is left to be seen. |
| Re: Facts Have Emerged That Yorubas Own Okerenghigho Not Ijaws by omololu2020(m): 8:34pm On Jan 08, 2018 |
Atlanticfire:if you like,put nuclear bomb for there,the land belongs to itsekiri,when it's time for them to claim their land,they will claim it as long as they have evidence. So ijaws having ak47 it's a dumb post from a silly person |
| Re: Facts Have Emerged That Yorubas Own Okerenghigho Not Ijaws by kpogede77(op): 8:48pm On Jan 08, 2018 |
Any Itsekiri fighting Yoruba on Naira land is not an Itsekiri. They are avatars posing as Itsekiri on naira land. Itsekiri is a sub tribe of Yoruba. A Lagos Yoruba man will understand Itsekiri easily better than other Yoruba dialect. According to Musiwa, Itsekiri is not a minority ethnic group. Itsekiri is a part of the larger Yoruba ethnic group. Omadinor people are pure Yorubas. Other Itsekiri mixed up but Omadinor people are direct descendant of Lenuwa, the King of Ode in Ijebu land. |
| Re: Facts Have Emerged That Yorubas Own Okerenghigho Not Ijaws by kpogede77(op): 11:35pm On Jan 08, 2018 |
Gbaramatu is a fraudulent Kingdom. You cannot have a Kingdom within another Kingdom. The Olu of Warri, Ikenwoli Abiloye is the paramount ruler of the entire land people and waters in warri Kingdom. Any other Kingdom is a fraud |
| Re: Facts Have Emerged That Yorubas Own Okerenghigho Not Ijaws by ChimaAgbalajob: 11:38pm On Jan 08, 2018 |
https://img62.laughinggif.com/pic/HTTP3JzNzkzLnBic3JjLmNvbS9hbGJ1bXMveXkyMTkvYW50aG9ueW1vdG9uL2JleW9uY2VsYXVnaC5naWZjiaYzIwMAloglog.gif Well, no need to claim other peoples' land on NL. Just go to Okerenghigho and chase out all the Ijaw from their village. |
| Re: Facts Have Emerged That Yorubas Own Okerenghigho Not Ijaws by kpogede77(op): 11:44pm On Jan 08, 2018 |
What is the meaning of Okeren in Ijaw? okeren is a derivative of the Yoruba word "Okurin" which means man. Ghigho means old. |
| Re: Facts Have Emerged That Yorubas Own Okerenghigho Not Ijaws by kpogede77(op): 11:47pm On Jan 08, 2018 |
Uba Okerenghigho means the camp of an old man. The word has no meaning in Ijaw language. Even if you add the corrupted Koko to it, it still has no meaning in Ijaw language |
| Re: Facts Have Emerged That Yorubas Own Okerenghigho Not Ijaws by ReubenE(m): 3:06am On Jan 09, 2018 |
Atlanticfire:The Itsekiri nation is known to suffer from Inferiority Complex. This charade of an article is one among the many shenanigans of the Itsekiri nation to curry public sympathy. History is there to remind all of us that Great men, and Great Nations only prove their worth through their actions. As long as the Niger Delta region of Nigeria is concerned, the Ijaw nation have shown times without number that we are a great nation through our actions, despite our many adversaries. They call them fishermen, tenants, aliens, herdsmen of the South etc yet no one has been able to box the Ijaw nation to a corner. Height is not attained in a day, and once it is acquired, it hardly goes away when consciously maintained. The Itsekiri nation ought to know by now that the Ijaw nation is their bigger brother and will continue to play that role despite their litany of provocations. They instigated the Warri crisis with their One Kobo Olu of Ode Itsekiri, but learnt a bitter lesson. That event did not deter the Ijaw nation from extending their hand of fellowship to their belligerent neighbour. Freedom is not shared, rather it is taken. The Itsekiri should bear that in mind and work towards it, rather than continue to whine like a child whose lollipop was snatched by an inconsiderate man. Spartacus, the Thracian warrior once said, those who place heel on the throat of liberty shall fall to the cry for freedom. If the Itsekiri nation so much love the Yorubas or the Bini people, they can as well move their belongings to Oyo state and occupy there. I am sure, the forest between Iseyin and Eruwa/Igbo Ora in Oyo state is enough to contain them. Finally, to the OP, if you want to discuss about Okerenkoko, spell it correctly. Because Okerenghigo is not known to the Ijaw nation. God bless the Ijaw nation, and all those that wish them well.... |
| Re: Facts Have Emerged That Yorubas Own Okerenghigho Not Ijaws by kpogede77(op): 7:53am On Jan 09, 2018 |
REUBEN E , what is the meaning of Okeren Koko in Ijaw? |
| Re: Facts Have Emerged That Yorubas Own Okerenghigho Not Ijaws by Notmyproblem: 8:48am On Jan 09, 2018 |
Given the news from NUC debunking all the lies being paraded as truth by SW on this forum I am afraid that I find it extremely difficult to believe or even read this trash. Just another lie from the same people. |
| Re: Facts Have Emerged That Yorubas Own Okerenghigho Not Ijaws by kpogede77(op): 4:17pm On Jan 09, 2018 |
You are a liar |
| Re: Facts Have Emerged That Yorubas Own Okerenghigho Not Ijaws by kpogede77(op): 5:03pm On Jan 09, 2018 |
The ljaws of Delta State must be stop now from all forms of illegality across the country. Soon the Lawless citizens of the ljaws can wake up someday to tell the Federal Government they are the original owner's of Nigeria and can even go as far as corrupting the Name "Nigeria to Nigekoko" to suit their claim.Just like the way they corrupted an ltsekiri enclave Okerenghigho to Okerenkoko. No matter how long illegality continue to thrive one day Justice must take it's cause. An injustice to one is an injustice to all! |
| Re: Facts Have Emerged That Yorubas Own Okerenghigho Not Ijaws by Ejanla07: 6:12pm On Jan 09, 2018 |
kpogede77:my head slamming brother.. when will this attachee by force stop. is it d fear of nigeria disintegration, u think attaching to itsekiri will give us access to thr oil. pls stop embarrassing we yorubas. itsekiri is itsekiri yoruba is yoruba.. even lagos people said they re not yorubas. e con be itsekiri... https://www.nairaland.com/3773916/lagos-not-yoruba-land-oba |
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, what he would find
would be the area marked red without a plan to
identify it precisely. It is his view that no
declaration of title could be made in respect of
such an area, and cited Sowa v. Senabor 11 NLR
82, at p. 85; and Kwadzo v. Adiei 10 WACA 74.
Under grounds 6 and 7, Chief Williams argued
that, it being common ground that the
defendants were in possession of the land
Okenrenghigho claimed by the plaintiffs, both
sides attempted to establish their claim by
traditional evidence but that the learned trial
Judge preferred that of the plaintiffs even though
those in possession should be deemed to be
owners and recent acts should be considered in
deciding ownership; Kojo v. Bonsie (1957)1 WLR
1223 at p.1226, 1227; also Adenie v. Ovegbade
(1964) 1NLR 26 in which Bonsie was adopted.
We note, however, that Adenie relates entirely to
family land and two sections of the same family
were in dispute as to portions of it, so that the
cases cited are not in pan materia. Chief
Williams next argued that Exhibit "C" cannot
operate as an estoppel since the appellants were
neither parties or privies to it. We think that the
judgment Exhibit "C" is admissible and was
rightly admitted by the learned trial Judge, to
establish acts of possession on the part of the
plaintiffs and not to sustain a plea of estoppel or
res judicata: see Abadi v. Catholic Mission
(1935) 2 WACA 380, at pp. 381 and 383. As to
the payments of rents, Chief Williams submitted
under ground 8 that the plaintiffs had failed to
prove that the defendants ever paid rent to
them, and that there was no plea suggesting that
the Olu of Warri as Head or representative of the
Itsekiri Community or the Itsekiri Communal Land
Trustees had any right, title or interest in the
land in dispute or acted as agents for the
plaintiffs in relation to this land; accordingly,
evidence as to those matters should have been
rejected by the court either as false or as of no
weight. Chief Williams strongly contended that
this evidence is inconsistent with the plaintiffs'
pleadings and is in fact not raised by the
pleadings, and that the learned trial Judge should
have ignored it. He cited Bada v. Chairman
L.E.D.B SC. 501/65 delivered on June 3, 1967,
and M.P.C. v. Thomson Organisation SC. 192/67
in support of the proposition that evidence as to
a point not pleaded goes to no issue, that the
Judge in the instant case should not have had
regard to the rent receipts tendered in evidence,
and that payment of rent to the Itsekiri
Communal Land Trust is no evidence against the
defendants 'since the Olu of Warri is not a party
to the present appeal. In arguing ground 9, Chief
Williams submitted that the injunction should not
have been granted since the radical title is in the
Olu. In any case, the expression "Possessory
title" is a term of art in real property law, and, in
his submission, it is apt to be confusing and
misleading as a basis for a declaration by a
court of law; according to Jowitt's "Dictionary of
English Law" Vol. 1 p. 1370 (1959 Edn.),
"possessory title: denotes, inter alia "squatter's
title". The Olu of Warri should have been joined
with the Omadinor people to bring the action for
a declaration of title simpliciter. As to the claim
of an injunction, it is Chief Williams's contenfton
that it should not have been granted in the
absence of a plan showing precisely the area in
question. In reply, Chief Awolowo made three
submissions of a general nature. The first is that
the land in dispute is identifiable and was indeed
identified by the learned trial Judge. Even though
the defendants filed three statements of
defence, not once did they deny the plans; both
parties are never in doubt as to be identity of the
land in dispute, all they bandied about being the
name by which the land is called by each side;
the location is the same on both sets of plans, A
and A1 and B and B1. And the boundaries of the
land are as thus described in Reece, J's
judgment in Exhibit "C": ".................... a parcel
of land situate at Omadinor bounded on the
north by lands of Binikrukrus and Dagboros on
the south by Escravos river on the west by Nana
river and on the east by land of Obode, the
extent of which is said to be more fully
described and delineated in a plan. The plan was
put in evidence as Exhibit 1. There was also a
claim for 300 pounds damages for the
defendants' interference with the fishing rights of
the plaintiffs and preventing the plaintiffs from
collecting rents from the tenants using the said
land." Chief Awolowo's second submission is
that the learned trial Judge is right in preferring
the plaintiffs' evidence of traditional history of
the land in dispute to that of the defendants.
The plaintiffs made positive averments as to
their own traditional history whereas the
defendants were tary in admitting Akpata as
their common ancestor. The first plaintiff did not
agree that Akpata was a relation of Owezuibiri,
but was definite that the land was granted to
Akpata and his followers to settle in after their
migration from Ijaw areas. Learned counsel for
the respondents submitted in the third place that
the plaintiffs had over the years exercised
persistent and consistent acts of ownership over
the land in dispute. The plaintiffs' contention is
that, of all the inhabitants of Okenrenghigho, it
was only the Ijaws as customary tenants who
stopped paying rents since 1929; moreover,
these Ijaw tenants even went on to collect rents
from other tenants. The first plaintiff explained in
detail in the court below the various steps taken
by them to assert their rights of ownership,
including the previous land suits they
successfully brought against those of their
tenants who had attempted to deny their title to
portions of their land. Chief Awolowo pointed out
that the area in Exhibit "C" is a larger one than
the area now in dispute and embraces the latter
in its totality. The boundaries of the land are the
same as shown on the plan, Exhibit 1. He
submitted that contrary to the argument by Chief
Williams that no declaration to title should have
been granted in the absence of a plan of the
land in dispute, there is abundant authority for
the view that a plan is not always a necessity, so
long as the identity of the land can otherwise be
ascertained to the satisfaction of the court. We
think that there is merit in this submission. In
Alhaji Etiko v. Aroyewun (1959) 4 FSC 129, at p.
130, we had occasion to observe as follows:
"There is, however, no dispute as to the identity
of the land with which this case is concerned
and E.O. Griffin from whom the plaintiff bought,
gave evidence identifying the land which Griffin
then sold under Exhibit "E" with the land in
dispute. Thus, even if as alleged in ground 2, the
trial Judge's use of the plan attached to the
Statement of Claim was wrong (as to which I am
by no means satisfied), there was ample other
evidence identifying the land claimed with what
the respondent bought. There being no difficulty
about identifying the land in dispute it was open
to the court below, to grant the declaration
sought without basing the declaration on a plan.
The order granting the plaintiff a declaration
was, however, based on the plan attached to
Exhibit "E" and not on Exhibit "A", and I cannot
see anything wrong with that in view of Griffin's
evidence." Again, in Garba v. Akacha (1966)
NMLR. 62, at p. 64, we said: "In Ebileetc.v.
Onwugbonu (1) a Federal Supreme Court case
decided on 21st June, 1963 the court said: "I do
not share the view that a plan is an absolute
necessity in every land case..........In the present
case..................it is abundantly clear from the
record of proceedings in that court that the
parties were agreed on the land in dispute, its
features and its area." In the case before us we
have no doubt that both parties and the trial
court knew precisely what piece of land was in
dispute. That is the criterion. We therefore find
no merit in this ground of appeal." It now
remains for us to consider the objection raised
by the appellant to the grant by the lower court
of a declaration of a "possessory title" to the
plaintiffs in respect of the land in dispute. It is
worthy of note that the Writ of Summons speaks
of "possessory title" and that the Statement of
Claim avers that the plaintiffs' ancestors
exercised maximum rights of ownership and
possession over the said land". Also, counsel for
the plaintiffs, in his final address before the trial
court, expressed himself thus: "The radical title
is in the Olu of Warri. We claim possessory title.
What claim amounts to is mesne profits. The
defendants are there with our permission. The
court can declare that they pay us something
yearly. We want an injunction to restrain the
defendants from collecting rents from the
tenants and depriving us of our rights." In his
ruling, the learned trial Judge used the
expressions "acts of ownership and possession"
exercised by the plaintiffs and "a declaration of
possessory title" of ownership". It thus seems
clear that the use of the expression "possessory
title in their Writ of Summons was employed by
the plaintiffs either because they had already
conceded the radical title to the Olu or because
they were really pre-occupied with asserting their
claim under customary law to receive the rent or
profit therefrom. We are of the view that neither
the wording of the relief sought nor the learned
trial Judge's use of the expression "possessory
title" is apt, and that the declaration should not
have been granted in those terms. We think that
all the learned trial Judge wanted to grant was a
re-affirmation of the ownership and possession
of the plaintiffs to the land which he found to
have been granted in at least Openly and Deny
This Obvious Facts. previous judgment. We will
accordingly dismiss this appeal and affirm the
judgment of Obaseki, J., in the High Court, Warri,
in Suit No. W/30/1962 delivered on October 3,
1969, except that the declaration will be one for
"possessory title". We award costs assessed at
N125 to the respondents in this appeal.
Let The Ijaws Of Gbaramatu