Adeyemi Ogunnaike V. Taiwo Ojayemi (1987)

LawGlobal-Hub Lead Judgment Report

KAWU, J.S.C.

The matter which gave rise to these proceedings originated in the Ijebu Remo Divisional Grade ‘B’ Customary Court, Shagamu, almost twenty years ago. In that Court, the respondent in this appeal was the 1st plaintiff.

The second plaintiff was one Ogunkoya Soneye who, because of an illness, had to withdraw from the case at an early stage of the trial. The plaintiffs’ writ of summons, which was issued on behalf of themselves and the members of Tuona Family of Ijokun, Shagamu, reads as follows:-

“The plaintiffs claim against the defendant is for declaration of title to that piece or parcel of land at Sabo, Offin, Shagamu, Ijebu-Remo.

2. The piece of land at Sabo, Offin, Shagamu is bounded on its four sides as follows:-

(1) By Adekoya Adeoku’s landed property

(2) By Erinwole Family landed property

(3) By Ogunsanwo Tumulus landed property

(4) By Soyemi Abawo’s landed property

3. The sum of 100 (One Hundred Pounds) being special and General Damages for trespass, wilful and unlawful damages to the Kolatrees and Cassava trees on the plaintiffs land at Sabo, Offin, Shagamu during the month of March, 1967.

Particulars of Damages

Special Damages:

5 Kola-nut trees at the

rate of N2 per tree 10
100 Cassava trees at
the rate of 5/- per

cassava trees 25:
35:
General Damages 65::-
100:

Value of the land is 100: d