Headline

Land Tussle: Appeal Court Dismisses Case, Awards N15m Against Edo Community

Published

4 years ago

January 31, 2022

The Appeal Court sitting in Benin City has dismissed an appeal filed before it by Ukhiri village, challenging an earlier declarative reliefs judgement delivered by the State High Court in Benin in favour of Ulegun Village, both of Ikpoba-Okha Local Government Area of Edo State.

The Appeal Court also allowed the cross appeal filed by the cross appealants (Ulegun) against the cross respondents (Ukhiri Village) and awarded the sum of Fifteen Million Naira ( N15, 000,000.00) as damages against Ukhiri.

In a unanimous decision read by Justice Biobele Abraham Georgewill, in the main and cross appeal with suit No. CA/B/147/2018 and CA/B/147A, respectively, the court dismissed the Ukhiri’s appeal for lacking in merit.

The Respondents (Ulegun) had on May 25, 2004 approached the trial court (High Court) to seek amongst others a declaration as the owners of the parcel of land measuring 225.47 hectares lying and situated along the Benin-Abraka road, Ulegun village in Ikpoba-Okha local government, Edo State.

Also, a declaration that the act of Ukhiri Village entry, selling off, building or doing anything whatsoever on the land amounted to the violation of the ruling against the defendants, Ukhiri Osemwende Village in Suit No: 268/B/76 that was upheld by the Supreme court in Suit No: SC/178/1993 and that such act amounted to trespass.

Delivering her judgment which lasted for about two hours in November 2018, Justice Esther Amenaghawon Edigin (now retired) said: “Judgment is hereby entered in favour of the claimants (Ulegun Dukedom) and against the defendants ( Ukhiri Osemwende Dukedom).

“The claimants are entitled to the declaration of title and it is hereby declared that they are the owners of that whole parcel of land measuring 224. 45 hectares lying and situated at Ulegun Village in the Benin-Abraka Road, Ikpoba-Okha Local Government Area of Edo State.

“Any sales by the defendants on the land is hereby nullified. The defendants, their agents, servants are perpetually restrained from selling, erecting building or doing anything on the land.

“And a damage of N2.5 million is hereby awarded against the defendants (Ukhiri ) and in favour of the claimants (Ulegun)”, the court ruled.

Justice Edigin who averred that the court does not have jurisdiction to sit on appeal over the ruling of the Supreme court.

Edigin, maintained that it would amount to judicial rascality and also dismissed the counter claims of the defendants.

However, not satisfied with the judgement of the trial court, Ukhiri approached the appellant court to seek amongst others the up turning of the decision of trial court while Ulegun in a cross appeal also approached the court for possible review of the earlier N2.5 million damages against Ukhiri.

Recall that Ukhiri had in 1976 dragged Ulegun to court alleging encroachment of a portion of its land by Ulegun.

At the lower court, the court observed that the survey plan tendered by Ukhiri as exhibit A was in agreement with that of Ulegun contrary to what they (Ukhiri people) were claiming, hence judgement was entered against Ukhiri and in favour of Ulegun.

The case was again struck out at the Appeal Court for lack of merit along with cost awarded against the appellants over damages and trespass.

Not satisfied with the judgements, Ukhiri village approached the Supreme court on ground that the defendants (Ulegun) only defended their claim in 1976 but did not counter claim.

After hearing, the apex court upheld the decision of the lower courts and extinguished the appellants’ claim to all the parcel of lands situated on the Benin Abraka road, Ikpoba Okha local government area by the Ukhiri community.

This prompted the Ulegun community to seek legal service of Ferdinand Orbih (SAN) and Co. to seek declarative reliefs which were granted by Justice Esther Edigin rtd, in 2018.

Addressing newsmen shortly after the judgements, delivered via Zoom, Counsel to Ulegun Village, Anderson Uwadiae Asemota (Esq), hailed the judgement, declaring that the judiciary remains the last hope of the common man.

He said with the alleged influence wielded by Ukhiri community, Ulegun would have lost the case, describing the judgement as victory for democracy.

Related Topics:Court Edo Community Land tussle

Up Next

US Orders 8,500 Troops On Heightened Alert Amid Russia Worry

Don't Miss

DSS Arrested, Tortured Three Women For Refusing To Lie Against Nnamdi Kanu, IPOB Alleges

Comments

Headline

Court Jails Two For Targeting President With Sorcery

Published

7 hours ago

September 15, 2025

Editor

A Zambian court on Monday sentenced two men to two years in prison with hard labour on charges of attempting to use witchcraft to kill the country’s president.

Mozambican national Jasten Mabulesse Candunde and Zambian village chief Leonard Phiri were arrested in December in possession of charms, including a live chameleon.

Police said they planned to use the charms to harm President Hakainde Hichilema, and they were charged with professing knowledge of witchcraft and possession of charms.

“The motive of the crime was to kill the head of state,” magistrate Fine Mayambu ruled in the capital Lusaka on Monday.

“The convicts were not only enemies of the head of state but all Zambians. I therefore sentence them to 24 months imprisonment with hard labour from the date of their arrest,” he said.

The prosecution said the men had been hired by the brother of opposition MP Emmanuel “Jay Jay” Banda, who is facing trial for robbery, attempted murder and escaping custody.

Headline

Two Nigerians Face Jail Terms In Liberia’s Piracy Trial

Published

7 hours ago

September 15, 2025

Editor

Criminal Court ‘D’ in Monrovia is set to deliver judgment this week in Liberia’s first piracy trial, involving two Nigerian nationals accused of hijacking a cargo vessel in the Gulf of Guinea.

According to court records, the defendants were arrested earlier this year after a Liberia-flagged ship was seized by armed men while transporting goods through international waters. The crew sent a distress signal, prompting international maritime forces to intervene.

The suspects were subsequently transferred to Liberian authorities under global maritime cooperation protocols.

According to Liberia’s news platform, Front Page Africa, the case has attracted attention because Liberia maintains one of the world’s largest open ship registries, yet prosecutions for piracy within its domestic courts have not previously occurred. Under international law, Liberia holds jurisdiction over crimes involving ships registered under its flag.

On Monday, proceedings took a new turn when defense lawyer, Cllr. Bestman Juah, informed the court that the defendants had admitted responsibility for the hijacking and were requesting a plea-bargain arrangement. State prosecutors did not oppose the request, leaving open the possibility of reduced sentences in exchange for full cooperation.

Resident Judge Mameita Jabateh-Sirleaf, who presides over Criminal Court ‘D’, will rule on whether to accept the plea deal and determine the sentencing framework. The ruling could also address deportation measures following imprisonment.

Criminal Court ‘D’ handles cases involving armed robbery, terrorism, hijacking, and other serious crimes, and the piracy trial represents a growing trend of transnational offenses being prosecuted within Liberia’s judicial system.
As of press time, the court has not announced the date for sentencing.

Headline

Spain Cancels $825m Israel Arms Deal Over Gaza

Published

7 hours ago

September 15, 2025

Editor

The Spanish government has cancelled a contract worth nearly 700 million euros ($825 million) for Israeli-designed rocket launchers.

The move comes after Prime Minister Pedro Sanchez announced last week that his government would “consolidate in law” a ban on military equipment sales or purchases with Israel over its offensive in Gaza.

The contract, awarded to a consortium of Spanish companies, involved the purchase of 12 SILAM rocket launcher systems derived from the PULS platform made by Israeli firm Elbit Systems, according to the International Institute for Strategic Studies’ Military Balance.

First reported by local media and the Israeli newspaper Haaretz, the cancellation was formalised on Spain’s official public contracts platform on September 9.

The following day, Sanchez unveiled measures aimed at stopping what his leftist government called “the genocide in Gaza”.

It includes the approval of a decree imposing a ban on military equipment sales or purchases with Israel due to its military offensive in Gaza, launched after the Hamas attacks in October 2023.

Spain applied the ban as Israel stepped up its military onslaught.

Spain has also formalized the cancellation of another contract for 168 anti-tank missile launchers, which were to be manufactured under license from an Israeli company.

That contract, valued at 287 million euros, had been first reported by the press in June.

According to Spanish daily La Vanguardia, the government is undertaking a broader review to phase out Israeli weapons and technology from its armed forces.

Sanchez has emerged as one of Europe’s most outspoken critics of Israeli Prime Minister Benjamin Netanyahu’s Gaza policy.

Relations between the two countries have been tense for months.

Israel has not had an ambassador in Spain since Madrid recognized the state of Palestine in 2024.

Last week, Spain recalled its ambassador to Israel after heated exchanges over Sánchez’s new measures.

The Barcelona-based Delas Centre, a security research institute, estimated in April that since the start of the Gaza war, Spain had awarded 46 contracts worth $1.044 billion to Israeli companies, based on public tender data.