Odo Ere and Egbe Land Dispute Resolution by the Supreme Court of Nigeria in 1997

Abstract

In the Yagba Area Court Grade 1 holden at Isanlu, Kwara State (now Kogi State) the plaintiff for himself and as representing Ere Community in West Yagba claimed from the Kati family of Egbe also in West Yagba and represented by the defendant on record parcel of land belonging to Ogbagbo family in Odo-Ere situated between Lawiri River and Okuta Gigiri hill on both left and right sides of the Federal Road leading from Kabba to Ilorin and between Odo-Ere and Egbe township. The Yagba Area Court Grade I after it carefully reviewed and evaluated the evidence led by both parties held as follows: From the facts above we are satisfied that the plaintiff was able to establish ownership of the land in dispute as the land of Odo-Ere and therefore the land between Lawiri River and Okuta Gigiri hill between Odo-Ere town and Egbe town is awarded to the plaintiff (Odo-Ere Community). The defendant, Egbe town who was aggrieved by the decision of the Yagba Area Court Grade 1, appealed to the Upper Area Court sitting at Lokoja. The court allowed the defendant's appeal, set aside the decision of the Yagba Area Court Grade 1 and ordered a re-trial of the case by the Upper Area Court, Ilorin. Both parties were dissatisfied with the decision of the Upper Area Court in Lokoja and appealed to the High Court in Lokoja sitting in its appellate jurisdiction. The court allowed the appeal of the defendant, set aside the decision of the Upper Area Court and the trial Area Court. The plaintiff's claim was dismissed by the High Court in Lokoja. On a further appeal by the plaintiff, Odo Ere town to the Court of Appeal, Kaduna Division, the judgment of the High Court was set aside and that of the Yagba Area Court Grade 1 was restored. The defendant, Egbe town further appealed the decision of Court of Appeal, Kaduna Division to the Supreme court.