Alhaji Rafiu Salami V. Chief Solomon Akintoye & Anor (2016)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

JOSEPH SHAGBAOR IKYEGH, J.C.A. (Delivering the Leading Judgment)

The appeal is against the decision of the High Court of Justice of Lagos State (the Court below), whereby it awarded title to a parcel of land situate at Ishagatedo in Oshodi/Isolo Local Government area of Lagos State, also known as No. 4 Adebajo Street, Ishagatedo, to the respondents to the effect that they are entitled to a statutory right of occupancy over the said parcel of land situate, lying and being at Ishagatedo in Oshodi/Isolo Local Government Area of Lagos State known as No.4 Adebajo Street Ishagatedo with N50,000 general damages for trespass and an order of perpetual injunction restraining the appellant, his servants, agents and privies or howsoever described from committing further act(s) of trespass on the disputed plot of land.

The action was commenced by the named respondents for themselves and on behalf of Ishagatedo Community, in a representative capacity. The case was based on traditional history and long possession of the disputed plot of land. The evidence is that the parcel of land was originally settled upon by one Akanbi with one Bamgbose as

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co-founders of the land.

The evidence indicated that the respondents’ ancestors hailed from Ishaga-Orile in the Ilaro Division of the old Western Nigeria. They migrated and settled in the land now known as Ishagatedo including the land in dispute 200 years ago and have been exercising acts of ownership over the said parcel of land measuring 383.3 acres or 153.3 hectares without let or hindrance from any one. It is upon the above evidence that the Court below found in favour of the respondents its judgment.

The plea of laches and acquiescence and limitation law sponsored by the appellant against the respondent were dismissed by the Court below before it entered judgment for the respondents against the appellant as stated (supra).

The appellant was dissatisfied with the judgment of the Court below and filed a notice of appeal with 6 grounds of appeal vide pages 154 ? 157 of the record.

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The appellant’s brief of argument dated 11.07.12, was filed on 12.07.12. An order of the Court made on a notice of motion filed on 05.10.12 granted the appellant leave to argue the appeal on the appellant’s brief alone on 09.02.16, and it was so argued on

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27.09.16.

The appellant’s brief of argument raised these issues for determination –

“(1) The main issue for determination in the Appeal is whether on the pleadings and the evidence before the Court, the plaintiffs are entitled to succeed on their claims. This issue covers grounds 1, 2, 5 and 6 of the Grounds of Appeal.”