M. O. Obisanya V. Ebenezer Nwoko & Anor. (1974)

LawGlobal-Hub Lead Judgment Report

G. B. A. COKER, J.S.C.

The point that arises for determination in this appeal, falls within a narrow compass. The facts, however, are very complicated and should be very carefully studied before a fair appraisal could be made of the whole evidence and a just decision concluded.

There was never any dispute about the land claimed by both parties to have been validly purchased by them and the only issue is as to which of the two parties to this appeal acquired the title validly. In the High Court, Ibadan, the plaintiff, who is now the present appellant before us, instituted proceedings against the present respondents, as defendants, for a declaration of title to land in question “situate, lying and being at Ikeku Oju-Oro, Ijebu Road, Ibadan” for possession, damages for trespass and a perpetual injunction. Both sides filed their respective pleadings and it is not disputed that the plaintiff claimed title by virtue of the original ownership of the land by one Oyaseke. Paragraph 3 of the statement of claim states this and reads as follows:-

“3. The original owner of the land in dispute was Oyaseke, who died about 30 years ago leaving Gbadamosi Adeoye, and his senior sister Oyadina Apinke. Oyaseke’s second wife Labisi had seven children all of whom died young before she divorced Oyaseke.”

The statement of claim further states that these two descendants of Oyaseke sold the land in dispute to one Julius Osibodu and gave him a conveyance which was executed as for the vendors by one Gbadamosi Adeoye and one Buraimoh Adigun (a son of Oyadina Apinke) on behalf of his mother. The statement of claim also avers that Osibodu later transferred the land to the plaintiff in 1956 since when the plaintiff had been in peaceful enjoyment of the land until the act of trespass by the defendants in 1963. The statement of defence also avers the title of the defendants. It states that the 2nd defendant had, on the 31st May, 1963, sold the land in dispute to the 1st defendant who had since erected two buildings on the land spending over 3,500 Pounds (or N7,0000). The statement of defence also states that the land originally belonged to one Awojobi the father of Oyasomi and Oyaseke and that it was sold by this family to the brother of the 2nd defendant, by name Olu Aboderin. Paragraphs 10, 11, 12, 13 and 14 of the statement of defence read as follows:-

“10. That Oyaseke was the father of Oyasiji Gbadamosi Adeoye.

11. That it was after the death of Oyaseke that his son Oyasiji Gbadamosi Adeoye came home in 1944 to sell the land in dispute to one Olu Aboderin who is senior brother to the 2nd defendant.
12. That other signatories to the land agreement are Jimoh Ajala Kure, Rabiatu Esu Kure, Tokun Kure, and two others.
13. That the said Olu Aboderin has since been in peaceful possession of the land now in dispute.
14. That the land in dispute was sold and conveyed to the 2nd defendant by Olu Aboderin by virtue of a Deed of Conveyance dated 26th March, 1963, and registered as No. 9 at page 9 in volume 643 of the Lands Registry in the office at Ibadan.”

The statement of defence finally puts in issue the sale to the plaintiff and/or his possession, as well as the title of his predecessors and contends that the plaintiff’s vendors were not competent so to sell to him or to them.

At the trial, the parties gave evidence and called witnesses as to the sale and/or purchase of the land and the possession thereof. The plaintiff produced his own conveyance (admitted as Exhibit B) and that of his predecessor-in-title, Julius Osibodu (admitted as Exhibit A) and testified that he occupied a portion of the land himself and sold the remaining portion to one Chief Shofodu and, that some time in 1963, he saw the land being cleared at the instance of the defendants and, as a result of this, he wrote the letter of warning which was admitted in evidence as Exhibit G to the defendants. He also noticed that a signboard, which he had installed on the land, had been pulled down by the second defendant and cement blocks had been stacked on the land preparatory to the erection of buildings. The plaintiff’s plan of the land in dispute was put in evidence – Exhibit H – by his surveyor. Oyadina Apinke, one of the children of the late Oyaseke, testified on behalf of the plaintiff and stated that she and her brother, Gbadamosi Adeoye, since deceased, sold the land in dispute to Osibodu from whom the plaintiff had since purchased. She testified further that as she was old she had sent her son, Buraimoh Adigun, 6th plaintiff’s witness, to execute the conveyance in her place. Concerning the family history, she testified as follows:

The land originally belonged to one Oyaseke who was my father. He is now dead. When Oyaseke was alive he cited a village on the land. He planted on the land yam, maize and food crops. He planted corn on the land, I am the only surviving child of Oyaseke today. I knew one Oyasomi. He had no farm there. He is a junior brother to Oyaseke. I know Awojobi. He is my grandfather. He begat Oyasheke and Oyasomi. Awojobi had his own land at Oke Ona. He has nothing to so with the land in dispute. I had a junior brother in Ghana. He is now dead. He went to Ghana about 25 years ago.”

She denied any suggestion that her late brother Gbadamosi Adeoye came back from Ghana about 22 years ago and sold the land in dispute to one Olu Aboderin.

The defendants also gave evidence at the trial and the 1st defendant claimed to have bought the land in dispute from the 2nd defendant in 1963 by virtue of the conveyance admitted in evidence as Exhibit L and that he completed building on the land by the end of 1964. He admitted that he continued building after and despite his receipt of the letter admitted in evidence as Exhibit Q from the plaintiff’s solicitor warning him to stop building on the land. The 2nd defendant, Michael Aboderin, testified to having bought the land from his own brother by virtue of his conveyance Exhibit K. He met people farming on the land soon after he bought – Lawani Akangbe, Alfa Jimoh, Amodu Ajao and Rabiatu Esu – and they all agreed to leave the land at his instance. He stated that whilst in possession of the land, he received from the plaintiff the letter dated the 15th July, 1963, (and admitted in evidence as Exhibit E) offering to purchase or re-purchase the land from him on conditions stated in the said letter. He would not agree that Oyaseke was the owner of the land, but he agreed that Awojobi Kure was the father of Oyasomi and Oyaseke and that Gbadamosi Adeoye, a son of Oyaseke, was one of those entitled to sell the land in dispute. In the same way, Josiah Aboderin (2nd defendant’s witness) claimed to have bought the land from the Awojobi Family before selling it to his own brother, the 2nd defendant. He testified thus;-

“I know the land in dispute. I bought the land from Awojobi family in 1944. I met the Mogaji of the family and about 7 others. They gave me an agreement. This is the agreement admitted and marked Exhibit ‘N’. I did not do anything on the land until I transferred it to the 2nd defendant.”

He had no conveyance from the family but he relied on the agreement of sale, Exhibit N. The defence then called some two or three witnesses whose evidence is to the effect that the land originally belonged to Gbadamosi Adeoye.

The learned trial Judge, in his judgment, rejected the defence and gave judgment for the plaintiff on all his claims except the claim for possession which was, at the instance of the plaintiff, dismissed. He took the view that the agreement for sale, Exhibit N, was worthless and that the title acquired subsequent to and in virtue of that document, Exhibit N, were all useless and meaningless. He found as a fact that the land in dispute belonged to Oyaseke and not to the Awojobi Family. The learned trial Judge preferred and accepted the plaintiff’s evidence as to his possession of the land and entered judgment for him accordingly.