Alhaji Saula Ogundimu & Ors V. Ambali Daodu & Ors (2016)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

NONYEREM OKORONKWO, J.C.A. (Delivering the Leading Judgment)

In a judgment of the Ogun State High Court delivered November, 9th 2009 per A.A. Akinyemi (Judge), the case of the appellants as claimant in the lower Court (i) declaration of title, (ii) trespass (iii) possession and (iv) injunction was dismissed in respect of the declaration of title and struck out in respect of the trespass and possession.

Dissatisfied with the judgment, the appellants by their Notice of Appeal dated but filed 12/1/2010 lodged this appeal which was amended further to raise four grounds.

A brief background of the fact leading to the judgment and this appeal may be given as follows:-

For the appellants who were claimants at the Court below, they claimed radical ownership of the land in dispute described as Daodu Village via Shaka-Iju in Ogun State by inheritance from appellants? forebear Osho-Ogun who migrated from Ile-Ife and was the first settler on the land over 200 years ago and became owner thereof by various acts of ownership exercised thereof. Appellants? forebear Osho-Ogun begat one daughter Omoolomo, who begat three children namely: – (i)

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Ogundimu (ii) Ilupokiti and (iii) Aganran.

As pleaded, after the death of Osho-Ogun, his only daughter Omo Olomo inherited the land from her father Osho-Ogun and ?passed same to her children as inheritance and as such plaintiffs equally inherited same from their parents?.

Upon inheriting the land, Ogundimu being the eldest of the children of Omo Olomo held the land in trust for his brothers as family land of Omo Olomo.

The appellants? family through Ogundimu has made various grants of their vast land to several people who settled on the land or portions thereof including the portion granted the Colonial Government in 1905 on which the Iju Water Works Project was cited in 1910. Various grants to numerous people at various times in some distant past were cited.

Appellants pleaded judgments in HCL/24/81 of 28/5/90 and survey plan No.L & L/OG/12A in support.

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Appellants further assert that the the land in dispute forms a small part of the entire land of the Ogundimu family of the appellants which Ogundimu (with his brothers) granted to Jacob Oshunrinde Daodu who is alleged to the forefather of the respondents Daodu had

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