Karimu Ayinla V Sifawu Sijuwola (1984)

LawGlobal-Hub Lead Judgment Report

NNAMANI, J.S.C. 

The appellant herein was the 1st defendant at the Ikeja High Court in Suit No.IK/34/71. In that suit the plaintiff (respondent herein) had sued him and one Afolabi Alias Baba Ramuni (who died in the course of proceedings) claiming the following reliefs:

“(1) Declaration of title to a piece or parcel of land situate lying and being at Fagbile, Odi Olowo, Mushin, Ikeja District

(2) 100 (One hundred pounds) general damages for trespass.

(3) Possession of the said piece and parcel of land.

(4) An injunction restraining the defendants, their servants and or agents from further acts of trespass to the said land”

Pleadings were duly ordered filed and exchanged.

The matters on which the parties joined issue can be seen from some relevant paragraphs of the parties’ pleadings. In paragraphs 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 16 and 17 the plaintiff averred as follows:-

“3. That the land in dispute is situate, lying being at 18, Ayantuga Street, FAGBILE ODI-OLOWO, MUSHIN and particularly described in Plan No.139C/59 drawn by Mr. E. O. Litan, a licenced surveyor a copy of which is attached to the particulars of claim and marked exhibit A.

4. That by virtue of a deed of sale in 1910, the piece or parcel of land in dispute was sold to one OGUNTOHUN.
5. That on the 11th January, 1915, in Suit No. 113/1913, it was decided that Oguntohun should pay the sum of 20 (Twenty pounds) to members of Ojomo Eyisha family to have his title ratified and confirmed, which he did.
6. That the said Oguntohun sold the piece or parcel of land in dispute to Chief Ayodele Williams on 1st day of September, 1930.
7. That in Suit NO.13/1950 of the High Court of Lagos, the Ojomo Eyisha family sued Ayodele Williams the predecessor-in- title of the plaintiff, in respect of the land, the subject- matter of this action, and on 18th January, 1951, the claims of Ojomo Eyisha family was (sic) dismissed in favour of Ayodele Williams.
8. That an appeal was filed in Suit WAC.A. No. 3605 by the said Ojomo Eyisha family to the West African Court of Appeal, and the said appeal was dismissed in favour of Ayodele Williams on 10th day of November, 1952.
9. That the said Chief Ayodele Williams sold the piece or parcel of land in dispute to the plaintiff by virtue of a deed of conveyance dated 26th day of September, 1959 and registered as No. 52 at page 52 in Volume 337 of the Lands Registry Office, Ibadan.
10. That the plaintiff has been in possession of the piece or parcel of land in dispute since 1959 and has been exercising all rights of ownership over it.

11.That the plaintiff erected a fence on the land in dispute and put two men who erected temporary sheds or stalls and pay the plaintiff a total rent of N7.00 monthly for use and occupation of the plaintiff’s land.

12. That plaintiff also has many building blocks and sand on the land in dispute in preparation for building operations.
13. Sometime in January, 1971, the defendants, by themselves their servants and or agents entered the land in dispute, removed the fence on it, destroyed the temporary sheds and drove away the plaintiff’s tenants with the assistance of twelve hefty men and took possession of the land.

14.That the defendants started building operation on the land in dispute ignoring the plaintiff’s warnings and used the plaintiff’s blocks and sand.

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16.That the plaintiff will rely at the trial on a deed of conveyance dated 26th day of September, 1959 and made between AYODELE WILLIAMS and the plaintiff.