Alhaji Raji Oduola & Ors V. John Gbadebo Coker & Anor (1981)

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G. IRIKEFE, J.S.C.

This case has had a rather interesting history. The original plaintiffs, who are technically no longer interested in the case, took out the writ which commenced this action on 3rd March, 1969. The said plaintiffs, namely – (a) Alhaji Raji Oduola, (b) Bello Lahan and (c) Chief Bello Akinrin acting for themselves and on behalf of the Ibikunle family sued (a) John Gbadebo Coker and (b) Oladigbolu Coker, jointly and severally for title to the disputed land under native law and custom and for recovery of possession. Thereafter, the following was the sequence of events in so far as they are material to this appeal.

The statement of claim was filed on 12th April 1969 while the Statement of Defence was filed on 13th May, 1969. The plaintiffs asked for further and better particulars on 25th April, 1970 and same were delivered on 28th May, 1970. Hearing of evidence commenced on 7th December, 1971 and concluded with counsel’s addresses on 8th February 1972. Judgment in the case was delivered on 17th April, 1972.

The actual contest before the court of trial was one-sided in character, as the defendants then on record were not available to participate in the proceedings. Their (defendants’) counsel was thus obliged to close his case at the end of the plaintiffs’ testimony and to address the court. The learned trial Judge, Olatawura, J., (as he then was), found for the plaintiffs in terms of their claim with costs. Barely two months after this event, on 7th June, 1972 to be precise, the plaintiffs on record conveyed their interests in the land in dispute to one ABOLADE COKER, a surveyor and the plaintiffs’ 2nd witness in the trial so recently concluded. The plaintiffs having transferred their interests to Abolade Coker aforesaid, have evinced on further interest in the proceedings.

The present appellant i.e. (a) George Nabham (b) Anthony George Boulos and (c) Gabriel George Boulos who are claiming through the former defendants on record, namely: (a) John Gbadebo Coker and (b) Oladigbolu Coker, had not applied to join in the proceedings while Olatawura, J., was seised of the proceedings.

As they (the present appellants on record) were not parties to the case and could not therefore, appeal as of right against the decision of 17th April, 1972, and as a further appeal lay to the defunct Western State Court of Appeal, it became necessary for them to seek the leave of that court. This they did on 27th February, 1973 by an application which sought the following orders:-

“(a) for leave to appeal against the decision of the High Court of Justice, Ibadan given on the 17th day of April, 1972;

(b) for an enlargement of time within which to appeal against the said decision;

(c) to add Chief Abolade Coker, the 2nd plaintiff witness at the hearing of the suit but who has since claimed to buy the land in dispute from the plaintiffs as a respondent.”

In the ruling of the Western State Court of Appeal delivered on 6th June, 1973 by Kayode Eso, JA., (as he then was), the appellants on record were granted an extension of time within which to appeal against the judgment as well as leave to appeal. With regard to the application that Chief Abolade Coker should be added as a respondent, the court ordered that the said individual should be served with all the papers filed in the application for leave in order to oppose the request for joinder if he so desired.

It is on record that on 18th June, 1973, the date to which the limb of the application affecting Chief Coker came up for determination, counsel for both parties agreed that he be joined as a respondent to the appeal and the order was made accordingly. Thereafter, Chief Coker sought the leave of the Western State Court of Appeal to appeal to this court against the extension of time and the leave to appeal granted by the former court. The leave sought was granted but when that appeal came before this court on 15th October, 1974, it was dismissed as being misconceived. There remained, therefore, pending before the Western State Court of Appeal, only the appeal of the present appellants on record with Chief Abolade Coker as the respondent thereto. Before the appeal could be heard, the Western State Court of Appeal was abolished and the same as a matter of constitutional provision became pending before the newly created Federal Court of Appeal.

This appeal was heard by that court and in a split decision delivered on 2nd February, 1979, the majority, Akanbi and Omo, JJCA., dismissed the appeal and affirmed the decision of the lower court.

This appeal is against the dismissal order as contained in the majority decision of the Court of Appeal aforesaid. Before proceeding to deal with the merit of this appeal, I consider it appropriate, at this stage, to go into the history of the disputed land and its impact, if any, on the outcome of the appeal.

The former plaintiffs on record are said to be the descendants of a powerful warrior named IBIKUNLE who came originally to Ibadan from Ogbomosho. Ibikunle came with a large retinue of warriors and or domestics during the Baleship (Olubadan) of one OLUYOLE. He was said to have appropriated to himself or been granted an extensive tract of virgin land in what is now the centre of Ibadan town. This was about 160 years ago. Upon the death of Ibikunle, he was succeeded on the land so acquired by his children from one generation to the next, until the beginning of this century when one Oyedeji, a direct descendant became the family head.