The Odionwere of Isibor-Ewuare; (middle) Edosa Okhionkpaimwonyi Imafidon Osazee displaying the Court judgement
* Awards N20m against defendants
By Kingsley Abavo, Benin
AN Edo State High Court sitting in Benin City, has awarded the sum of twenty Million Naira (N20,000,000.00) as general and exemplary damages against Iguotor Village in a suit brought before the court by the people of Isibor-Ewuare Village and others in Egor Local Government Area of the State.
The Court presided over by Honourable Justice J.O. Okeaya-Inneh in Suit No: B/44os/2018 also amongst other declarations; affirmed that the boundary between Iguotor Village and Isibor-Ewuare Village is 200ft towards Evbuotubu Community from the Nim Tree (Ikhimwin) in front of Iguotor Oguedion (Ancestral Shrine) by virtue of approved recommendations by the panel of Chiefs to the Benin Monarch.
The Claimants: Pa. Edigin Evbonaye, Pa. Fred Igiebor and Pa.Osaro Igbinoba Igbinavbiere (then Odionwere of Isibor-Ewuare) and others through an Amended Originating Summons filed on November 18, 2018 demanded amongst others; whether the boundary between Iguotor and Evbuotubu (area now known as Isibor-Ewuare Village) as decided by the Oba of Benin, is not 200ft measurement from the Nim Tree in front of the Oguedion of Iguotor as approved by the Oba.
The Claimants also demanded to know from the Court whether all the farms, building and land area on the side of Evbuotubu of the boundary which include the Ago-Isibor (now Isibor-Ewuare Village) and Esasoyen do not form part or constitute part of the recommendations approved by the Oba of Benin.
They, however, sought amongst others that if their questions are in the affirmative, a declaration that entry into their Community land by the defendants beyond the traditionally recognised boundary between the two Communities is not trespassory and actionable?
The people also seek for an order of perpetual injunction restraining Iguotor, their agents, servants, successors in title, and / or privies from further encroaching beyond the 200ft from the Nim Tree for the purpose of laying claim whatsoever to any parcel of land beyond the traditional boundary between the two Communities.
The Claimants further demand the sum of N20,000,000.00 being general and exemplary damages against the defendant for trespass.
Justice Okeaya-Inneh in her judgement ruled that the defendants did not challenge the averment of the Claimants that they trespassed on their land; and that it was settled Iguotor has admitted same.
“They (Claimants) must now be adjudged as trespassers into the Claim land. The Claimants’ questions as contained in the Originating Summons are answered in the affirmative”, the judge declared.
Responding to the Judgement during an enlarged meeting at the village, the Odionwere of Isibor-Ewuare, Pa. Edosa Okhionkpaimwonyi Imafidon Osazee, commended the Oba of Benin for his landmark resolution which the Court upheld.
He also thanked the Court for what he described as a well considered judgement, maintaining that its decision has further demonstrated that the Court is the last hope for the common man.
In their separate remarks, members of the Elders Council; Pa. Osewunu Igbinogun, Pa. Ogieriakhi Okpugie and Pa. Anthony Aimufua, expressed joy appreciating the Benin Monarch and the Judiciary for upholding earlier resolution of the Oba, on the matter.
Also speaking, the Okaighele of the village, Osayamwen Odouyi, said: “We thank God for the Judgement and it is a victory for the entire people of Isibor-Ewuare Village.
“The Oba had in 2007 decided on the issue in our favor; but the people of Iguotor refused to obey the decision, hence, they went to Court. But we thank God that the Court has upheld the resolution of the Oba”, he stated.
