Abudu Lasisi & Anor V. Oladapo Tubi & Anor (1974)

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DAN IBEKWE, J.S.C. 

This appeal arises out of the two suits, now consolidated, in which the 1st plaintiff claims from the 1st defendant possession of the piece or parcel of land situate at and known as No. 6 Modele compound via Tejuoso Street, Surulere; while the 2nd plaintiff claims from the second defendant possession of the piece or parcel of land situate at and known as No. 8 Modele compound via Tejuoso Street, Surulere.

The facts of this case are not complicated. It is common ground that the lands in dispute originally belonged to the Oloto Chieftaincy Family. The plaintiffs trace their root of title to one Odutola who bought the land from the Oloto Chieftaincy Family but who later on sold them. It is undisputed that Odutola sold one plot to the 1st plaintiff personally, and that he sold the other plot to one Ogundipe who, in turn, sold to the 2nd plaintiff. The two plaintiffs in question are armed with certificates of title MO 7956 dated 30th August 1969, and MO 7644 dated 13th August 1968, respectively.

The suits arose from the fact that when the 1st plaintiff went on the land after the purchase, he was disturbed by the 1st defendant; similarly, when the 2nd plaintiff, after purchase, went on the land, he too was challenged by the 2nd defendant.

On their part, the two defendants claim that they are customary tenants of the Oloto Chieftaincy family. According to the record of appeal, “the present Chief Oloto, Emmanuel Jaiyesinmi Ogundimu, testified at the trial that the defendants are tenants of the Oloto chieftaincy Family at Modole Village under native law and custom.” It would also appear not to be in controversy that the defendants have always been on the land in dispute as customary tenants of the said Oloto Chieftaincy Family.

In a reserved judgment, the learned trial Judge Bakare J., observed as follows:-

“There is one further aspect of this case. Both plaintiffs are 2nd registered proprietors and purchasers for value of the parcels of land claimed and their rights and titles are absolute and indefeasible by virtue of Section 53 (2) of the Registration of Titles Act.”

Finally, the learned trial Judge ended his judgment on the following note:-

“The plaintiffs’ claims against the defendants succeed. It is ordered that the defendants do give up possession of the parcels of land situate at and known as Nos. 6 & 8 Modele compound/village to the plaintiffs on or about the 15th April, 1972.”

It is from this decision of the High Court, Lagos, ordering the defendants who are customary tenants on the disputed parcels of land to give up possession to the plaintiffs, who bought the lands from their overlords – the Oloto Chieftaincy family, that the defendants have now appealed to this court.

We propose to deal with the only substantial ground of appeal which was canvassed before us, and which is as follows:-

“The learned trial Judge erred in law in giving judgment for possession against the defendants who were customary tenants in possession when the plaintiffs could not be in a better position than their vendors who had no right to possession as against the defendants.”

On the whole, if the chaff is separated from the grain, the issue in this case seems to fall within a very narrow range. It would appear that some members of the Oloto Chieftaincy Family had sold the land in dispute to one Odutola through whom the plaintiffs now claim their title to the land; and that at the time of the said sale, the defendants were already settled on the land as customary tenants of the Oloto Chieftaincy Family. The question, therefore, is whether a purchaser of the radical title of the overlord, such as the plaintiffs are in this case, could successfully eject the overlords customary tenants, who had settled on the land before sale

We wish to begin by emphasising the fact that, under our law, the customary tenant enjoys a most enviable position. Once in possession, he is always in possession; for, time does not run against him.