Alhaji Chief Sikiru Ogunkeye & Ors V. Venerable Bolarinwa (2017)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

MODUPE FASANMI, J.C.A. (Delivering the Leading Judgment)

This is an appeal against the ruling of the Oyo State High Court of Justice in Suit No. 1/988/10 delivered on the 18th of April 2012.

Briefly, Appellants filed this suit at the lower Court claiming the following reliefs:

(a) DECLARATION that the Plaintiffs are the beneficial owner and entitled to grant of right of occupancy in respect of all that parcel of land measuring approximately 400 acres situate, lying and being at Ogunkeye Village, Idi-Ahun Road, Ido Local Government Area, Ibadan, Oyo State of Nigeria.

(b) AN ORDER SETTING ASIDE AS NULLITY any purported sale of any portion of the said plaintiffs? land to any of the Defendants by any other source different from the Plaintiffs family.

(c) DECLARATION that the Defendants act of entering upon different portions of the said Plaintiff?s land without the knowledge, authority or consent of the Plaintiffs constitute trespass.

(d) PERPETUAL INJUNCTION restraining the Defendants, their Agents, Servants, privies or howsoever called from entering upon the Plaintiff?s land.

On the 18th of April, 2012,

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Appellants were not in Court but the Court in the record, stated that the hearing notice was served on the Appellants for the hearing of the suit. Hence the case was dismissed under Order 30 Rule 3 of the Oyo State High Court Civil Procedure Rules 2010. Dissatisfied with the ruling, Appellants appealed to this Court on the 20th of April, 2012. The notice of appeal is at pages 77-78 of the record of appeal. Record of appeal was transmitted to this Court on 18/7/2012 but was deemed on 13/5/14.

Appellants? brief of argument was filed on the 3rd of June, 2016 but deemed on 15/6/16 wherein two issues were distilled for determination. Appellants? reply brief was filed on 18/7/16. Learned counsel for the Appellants adopts and relies on the arguments contained in the briefs for the appeal. He urged the Court to allow the appeal.

Learned counsel for the Respondent filed his brief of argument on the 30th of June, 2016 and distilled two issues for determination. Learned counsel for the Respondent adopts and relies on the arguments contained in the brief of argument for the appeal. He urged the Court to dismiss the appeal as lacking in merit.

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