IN THE CUSTOMARY COURT DELTA STATE OF NIGERIA

IN THE ETHIOPE EAST AREA CUSTOMARY COURT II

HOLDEN AT ABRAKA.
ON MONDAY THE 20TH DAY OF FEBRUARY, 2023.
BEFORE: HIS HON. IGHOTA OROWO GLORIA ESQ. CHAIRMAN S/G
MRS.THERESA UVIEGHARA 1ST MEMBER
DR.CHARLES EVWARAYE 2ND MEMBER
MR. EDWARD OKOTIE ……………………………………………….……….PLAINTIFF

AND
FRANKLIN AGBONIFO & ANOR …………………………………………..DEFENDANT

Case called Plaintiff Present. 1st Defendant present, 2nd Defendant absent. L. O.
Ogirigbo holding the brief for A. A. Onosiwe Esq for the Plaintiff. E. J Etaghene
Esq for the Defendant.
PLAINTIFF’S CASE OPENS.
PW1 (first plaintiff) sworn on the Holy Bible states in English language as follows.
My name is Edward Edio Okotie. I live at 389 old Abraka/Agbor Road, I am a
businessman. I know the 1st Defendant. I also know the 2nd Defendant. I brought
them to court because of the trespass into the land of my late father. My father is
late, that land belonged to my father, upon his death became my land. The 2nd
Defendant is my uncle. The land is located at Old Abraka/Abbi Road by Good
Mother Hostel. I know the size of the land. 10ft by 100ft. 3 plots of 100ft by 100ft
each. I know the boundary neighbours (1) Amos Okotie Landed Property (2) Baby
Okotie Landed Property (3) Samuel Okotie Landed Property (4) Old Abraka/Abbi
Road. The land was shared to my father. The family wrote the details of how the
land was shared and it was reduced into writing. The family who shared the land
was Ojerikpor family of Abraka. My father whom I inherited the land from name
was Michael Adio Ajuyah Okotie.
Court: this case is adjourned for further Hearing; we have outstanding dates being
23rd, 27th and 28th February, 2023.

____________________
IGHOTA OROWO GLORIA
(Chairman)

________________________ _____________________
MRS.THERESA UVIEGHARA DR.CHARLES EVWARAYE
( 1st MEMBER ) ( 2nd MEMBER )

Continue……………….
 IN THE CUSTOMARY COURT DELTA STATE OF NIGERIA
IN THE ETHIOPE EAST AREA CUSTOMARY COURT II
HOLDEN AT ABRAKA.
ON MONDAY THE 23RD DAY OF FEBRUARY, 2023.
BEFORE: HIS HON. IGHOTA OROWO GLORIA ESQ. CHAIRMAN S/G
MRS.THERESA UVIEGHARA 1ST MEMBER
DR.CHARLES EVWARAYE 2ND MEMBER
MR. EDWARD OKOTIE ……………………………………………….……….PLAINTIFF

AND
FRANKLIN AGBONIFO & ANOR …………………………………………..DEFENDANT

Case called, Plaintiff and 2nd Defendant present. 1st Defendant is absent. A. O
Onosiwe for the Plaintiff. O. M. Emamiwa for the Defendant.
PLAINTIFF’S CASE OPENS.
PW1 is reminded pf his previous oath, continues in English Language as follows.
The document of sharing the land of my late grandfather, I can recognize it. I
brought a photocopy of the document. The original is missing. We seek to tender
in evidence.
Court the photocopy of the document of sharing of Late Pa. Ajuya Okotie’s landed
property dated 16th day of June 2012 is hereby admitted in evidence and marked
as Exhibit “A”.
PW1 CONTINUE
After the death of Pa. Ajuya Okotie the land was shared by the Ojerikpor family of
Abraka in Ethiope East Local Government Area of Delta State.
I have evidence to show that this portion I claim ownership of was shared to my
Late father. The name of my father is Late Edio Michael Ajuya Okotie. After my
father died, I did not see the Original proved abortive. I seek to tender the
document of transfer of the land in dispute to my father by the Ojerikpor family of
Abraka.
Court: photocopy of deed of transfer made on the 20th day of July, 2012 between
the principal members of Ojerikpor family and Edio Michael Ajuya Okotie is
hereby admitted in evidence and marked as Exhibit “B”.
PW1 CONTINUES
My Father is from the 1st gate of Pa. Michael Edio Ajuya Okotie Deceased (My
Father). The 2nd Defendant is from the Obogariemu gate, which is the 5th gate.
From the exhibit “A”, the size of the Land shared to the 5th gate is 100ft by 300ft
which is 3 plots. The 2nd Defendant sold the land shared to my father’s gate to the
1st Defendant who started building structure on it, I now said that my father is
from the 1st gate of Pa. Ajuya Okotie, who is our grandfather. The 2nd Defendant
is my uncle.
I seek to tender the picture of the property on the land in dispute being built by the
1st defendant in this case as an Exhibit.
Court: the picture of the propertied on the land in dispute is hereby admitted in
evidence and marked Exhibit “C|”.
PW1 CONTINUES
I wrote a letter to the 1st Defendant after I discovered the sale of the land in
dispute. I seek to tender as an Exhibit in this case.
Court: Photocopy of the Solicitors’ letter written to the 1st Defendant in this case
dated 2nd of March 2017 is hereby admitted in evidence and marked as Exhibit
“D”.
PW1 CONTINUES
I Planted plantain on the land in dispute and the 1st Defendant uprooted them;
destroying all my crops, 3 Children are from the Obogariemu gate where the 2nd
Defendant is from. After the death of my father, I cultivated the land to protect it.
On a particular day, the 2nd Defendant and chased me out of my father’s land
shared to him of the estate of my grandfather. He fought me and warned me not to
go back into the land in dispute. My father had 17 children. He had four gates. I am
the oldest child of my father. I had the consent of all other’s to bring this suit
before this court that is the other children of my father. My father’s gate in my
grandfather’s family, they were 5 children which is the Akaba gate. Everyone from
my father’s gate, benefited from the land. I know Monday Okotie. Monday Okotie
is a younger brother to my father. He is of the same gate with my father but my
father was older than him. Out of the 13 plots of my grandfather’s, Monday started
selling parts of the said Pa Ajuyah Okotie’s land in 2011 and the family resolved
that any sale before the 2012 partitioning was illegal and void. As at the time the
property of Late Pa. Ajuyah Okotie my grandfather was stated, the head of the
family of Ojerikpo was Pa Osaduwa Okotie. He presided over the sharing of the
property(ies). The family resolution showing that whoever sold the family land
before and after the sharing, should go back and collect their money from the
vendor was evidenced in Exhibit “A”. it also meant that the sale of property done
by Mr. Monday Okotie was Null and Void. The 2nd Defendant was there when the
sharing of the estate of Late Pa. Ajuyah Okotie was done. 2nd Defendant was part
of signatories on behalf of his own gate. My father signed on behalf of his gate. I
want this court to grant me my claim in this suit the founder of the land was my
grandfather Pa. Ajuyah Okotie. He deforested the land and exclusively owned it
while he was alive. Other member of the family who benefitted from the sharing
are still the enjoying their land today. The 100ft by 300ft given to the 2nd
Defendant is still with him today. The land given to the 2nd Defendant’s gate, I
cannot tell whether or not it has been sold. The 2nd Defendant had no right to set
aside the sharing form done by the family. He has no right to veto such sharing
after it had been partitioned. The purported sale by the 2nd Defendant to the 1st
Defendant is illegal and unlawful. Under the Urhobo native law and custom, the
2nd Defendant had no right to approve the unlawful sale of Monday Okotie. I
know one Godspower Okotie (Deceased).

XXX of P W1
It is correct that all the Exhibits tendered by me were forged and fabricated by me.
I was born in 1962. It is correct that the 2nd Defendant is the only surviving son of
Late Pa. Ajuyah Okotie. Late Pa. Ajuyah Okotie had other landed properties to my
knowledge there is an issue about the one I know at along Okotie road and the land
was being disputed by other fraction of the family of Late Pa. Ajuyah and Okotie.
One of the siblings of Ajuyah Okotie disputes that family land. After my
grandfather died, other children of my grandfather did not stand to defend that
property, Only my father stood to defend it. The case was brought before a court
and judgment was given to my father’s family.
Court: We have substituting dates being 27th and 28th February, 2023. This case is
further adjourned to 25th and 27th April, 2023 for further XXX of PW1/further
hearing.

____________________
IGHOTA OROWO GLORIA
(Chairman)

________________________ _____________________
MRS.THERESA UVIEGHARA DR.CHARLES EVWARAYE
( 1st MEMBER ) ( 2nd MEMBER )

Continue……………….
 IN THE CUSTOMARY COURT DELTA STATE OF NIGERIA
IN THE ETHIOPE EAST AREA CUSTOMARY COURT II
HOLDEN AT ABRAKA.
ON MONDAY THE 2ND DAY OF FEBRUARY, 2023.
BEFORE: HIS HON. IGHOTA OROWO GLORIA ESQ. CHAIRMAN S/G
MRS.THERESA UVIEGHARA 1ST MEMBER
DR.CHARLES EVWARAYE 2ND MEMBER
MR. EDWARD OKOTIE ……………………………………………….……….PLAINTIFF

AND
FRANKLIN AGBONIFO & ANOR …………………………………………..DEFENDANT

Case called Parties absent. C. C. Olisakwe for the Defendant. Counsel for the
Plaintiff is not in court and neither is his client in court. Counsel for the Defendant
said counsel for the Plaintiff has his phone number but never reached out to him
that he will be running late or might not be in court today. There is no letter for
adjournment in the file and counsel for the Defendant is asking for cost of
N20,000.
Court: this case is adjourned to 18th May, 2023 for continuation of xxx of PW1
cost of N5,000. Five Thousand Naira only awarded against the Plaintiff in favour
of the Defendant in this case.

____________________
IGHOTA OROWO GLORIA
(Chairman)

________________________ _____________________
MRS.THERESA UVIEGHARA DR.CHARLES EVWARAYE
( 1st MEMBER ) ( 2nd MEMBER )

Continue……………….
 IN THE CUSTOMARY COURT DELTA STATE OF NIGERIA
IN THE ETHIOPE EAST AREA CUSTOMARY COURT II
HOLDEN AT ABRAKA.
ON MONDAY THE 18TH DAY OF MAY, 2023.
BEFORE: HIS HON. IGHOTA OROWO GLORIA ESQ. CHAIRMAN S/G
MRS.THERESA UVIEGHARA 1ST MEMBER
DR.CHARLES EVWARAYE 2ND MEMBER
MR. EDWARD OKOTIE ……………………………………………….……….PLAINTIFF

AND
FRANKLIN AGBONIFO & ANOR …………………………………………..DEFENDANT

Case called, Plaintiff present. 1st Defendant absent. 2nd Defendant present. E.J
Eteghene Esq for the Defendants. Counsel for the Plaintiff is not present in court.
The Plaintiff said he wants to be.

Cross Examination today instead of cost to be awarded against him. The Plaintiff
also informed this court that his counsel is on his way to court be caught up in
traffic. Counsel for the Defendant E. J Etaghene insisted that he must continue with
the P W1 because it is for Cross-examination and the PW1 is his witness at this
stage. And that there is little or nothing counsel for the Plaintiff will do at this
stage.

FURTHER XXX OF PW1

The PW1 is reminded of his previous oath, states I English Language as follows. I
don’t know the number of Landed properties my grandfather Ajuyah have. Ajuyah
my grandfather had 5 gates, that in the deed, of the partitioning were stated in it. I
know Ajuyah compound at opposite campus 2. That was Ajuyah lived until he died
and he was buried there. The 2nd Defendant is the only son of Ajuyah, who is alive
today. The 2nd Defendant is from the last gate that is the 5th gate. I don’t know the
area shared to the 2nd Defendant in the Exhibit “A”. The 2nd Defendant is
presently resides in the Ajuyah house at opposite Campus 2 gate where Ajuyah
lived, died and was buried at. He resides there with his wife and children that is the
2nd Defendant. I cannot tell specifically how long the 2nd Defendant has lived in
that compound. I discovered that the 2nd Defendant was living in Ajuyah’s
compound in 2015. Of all the landed properties of Ajuyah, I am only aware of the
land in dispute before this court that is, the 13 plots and I know that was shared and
I also know the Ajuyah’s compound that was shared also. I know Monday Ajuyah.
He is my uncle. Monday is of the same father and same mother with my father but
he is a younger brother of the 1st gate, they are five children and that the 1st gate is
my father’s gate none of those 56 children is alive today of the 1st gate. It is
correct that all 5 children of the 1st gate had children before they died. I am aware
that the said Monday sold a part of the land in dispute to the 1st Defendant.
(Franklin Agbonifo). I am not aware that the 2nd Defendant challenged that sale.
All I know is that the 2nd Defendant sold the land to the 1st Defendant. I don’t
know the time the sale was done. I was not a party and I was not a witness to that
sale. I read the counter affidavit against the Motion on Notice for interlocutory
injunction, ruled upon by this court. It is correct that the same land Monday
Ajuyah sold to the 1st Defendant that the 2nd Defendant sold to the 1st Defendant.
The only signatories in Exhibit “A” are the 2nd Defendant and the man called
Chief Ediomore Erhirhe. He is sickly and cannot be in and he cannot be in court
because of his sickness the said Chief Erhire was the spokesman during the
petitioning.
At this point counsel for the Defendant applied for a date to continue……..
Court: This case is adjourned to 22nd June, 2023for further xxxxx of PW 1/
Further Hearing.

____________________
IGHOTA OROWO GLORIA
(Chairman)

________________________ _____________________
MRS.THERESA UVIEGHARA DR.CHARLES EVWARAYE
( 1st MEMBER ) ( 2nd MEMBER )