An Appeal Court sitting in Benin, the Edo State capital, has dismissed the appeal filed by Egbirhe community, against the judgment of the state High Court which upheld the resolution of the boundary dispute between Okhuoromi community and the appellants, conducted by the Oba of Benin.
It will be recalled that the appellants (Egbirhe) have dragged the respondents (Okhuoromi), both in Oredo Local Government Area of the state before the state High Court 1, presided over by the then Chief Judge of Edo State, Justice Esther Edigin, now retired in Suit No: B/361/2019.
The claimants, among others claimed that the resolution of the Customary Arbitration conducted by the Oba of Benin, Oba Ewuare II was compromised by the palace emissaries sent by the monarch to carryout the boundary demarcation for the parties in dispute
Egbirhe prayed the trial court to set aside the resolution of the Oba of Benin and declare them owners of the area in dispute, covering over 4000 plots of land.
Ruling on the matter, the trial court held that the resolution of the Benin monarch stands and Egbirhe are not only binded by the resolution but also estopped from instituting any suit in whatsoever form on the issues determined by the Oba.
Dissatisfied with the judgment of the trial court, Egbirhe through their counsel, E.O. Eghobamien filed a notice of appeal on May 14, 2021, containing five grounds of appeal at the Appeal Court and prayed the appellant court to grant their appeal.
The respondents (Okhuoromi) through their counsel, Prince P.E. Uwadiae, prayed the court to dismiss the appeal claiming it lacks merit and affirm the decision of the trial court.
The three-mam Appeal Court headed by Justice Bitrus Gyarazama Sanga, in a unanimous decision held that the appeal is bereft of merit.
“It is hereby dismissed and the judgment delivered by E.A. Edigin, CJ; on April 28, 2021 in Suit No. B/361/2019 is affirmed.”
Reacting to the ruling, elders of Okhuoromi community, during a press conference commended the court for standing for justice by affirming the decision of the trial court.
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Speaking on behalf of the people, the Chief Priest (Ohen) of the community, Ovbokhan Kelvin Igbinovia, used the opportunity to dismissed the allegations of dishonest relationship between Okhuoromi and some developers making round in the social media.
“Our attention have been drawn to fraudulent claim on the social media wherein some land developers are claiming that the land they bought from us is being taken back from them
“This claim is not true, baseless, misleading and lacking the truth as there was never a time the claimants bought land from us and in Okhuoromi, we don’t sell land for two developers nor indulge in land grabbing activities,” he said.
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