Princess Bilewu Oyewunmi & Anor. V. Amos Owoade Ogunesan (1990)

LawGlobal-Hub Lead Judgment Report

OBASEKI, J.S.C. 

This appeal concerns land at Ogbomoso and raises the important issue of the customary law governing land ownership among the indegenes of Ogbomoso. The importance of this issue lies in the fact that the traditional Ruler of Ogbomoso who goes by the title of The Shoun of Ogbomoso figures prominently in this litigation and contends that under the Ogbomoso customary law, all lands except those already granted or transferred by himself or his predecessors in office are vested in him as Shoun to the exclusion of all other persons. He agreed with the contention of the respondents that there are five Ruling Houses each with vested right of producing a candidate for the office of Shoun in rotation but debunks and vehemently opposes the contentions of the respondent that each of these Ruling Houses own and controls large tracts of land since the 1st Shoun Ogunlola. His adherence to the concept of Shoun’s ownership of all lands (even though in trust for the people of Ogbomoso) and attempt to enforce his rights in accordance with that concept of Ogbomoso customary land tenure law naturally has brought him into conflict with those who hold the contrary view of Ogbomoso customary land tenure law. This appears to be the genesis of this case.

The respondent instituted these proceedings in the Oshogbo Judicial Division of the High Court of Justice, Oyo State of Nigeria on the 18th day of June, 1980 by a writ of summons endorsed with the following statement of claim. The plaintiffs’ claim are as follows below:

(a) The sum of #2,000.00 being damages for trespass which the defendant, her servant and/or agents have since the 7th day of June, 1980 been committing when the defendant, her servants and/or agents wrongly entered and destroyed plaintiffs’ properties on plaintiff’s piece or parcel of land which is in plaintiffs possession, situate, lying and being at slaughter slab area, Quarters Ogbomoso, Oyo State of Nigeria which said piece or parcel of land is particularly described and delineated and edged ‘RED’ on plan No.AB8272B attached to a Deed of Conveyance dated 2nd day of October, 1975 of the lands Registry at Ibadan, Oyo State of Nigeria.

The annual rental value of the said land is N100.00 (One hundred Naira).”

Subsequently, the 2nd appellant, on his application, was joined or added as 2nd defendant by the order of the High Court and the ground of his application appeared in paragraphs 1, 2, 3, and 4 of his affidavit in support of the motion which reads:

“(1) I am the Natural Ruler of Ogbomoso and the defendant is my niece;

(2) I am by tradition and custom of Ogbomoso the person in whom title to all Ogbomoso land is vested in trust for the people of Ogbomoso including the land in dispute;

(3) All land in Ogbomoso including the land in dispute is stool land and I am the only person entitled to (before the coming into force of the Land Use Act of 1978) make grants of land to any member of Ogbomoso community who requires land:

(4) In 1974, I had a parcel of land along the Ilorin Road surveyed and a plan thereof prepared, and from the land thus surveyed, I made a grant of a portion to the defendant in exercise of my right as Shoun of Ogbomoso.”

(7) In paragraphs 3, 4, 5, 6, 18, 19, 20, 21, 23, 24, 27, 28, 29 and 30 of the statement of claim, the plaintiff made claims inconsistent with my title to all land in Ogbomoso and in particular to the grant 1 made to the defendant.”

(8) The plaintiff also falsified the Native Law and Custom of Ogbomoso in land matters.”

After the joinder was ordered, pleadings were filed by the parties i.e. the plaintiff and each of the two defendants. The 1st defendant filed not only a statement of defence but also a counter-claim for:-

“(1) A declaration that the first defendant is the person entitled to a statutory right of occupancy on and over the land in dispute shown in Plan No. OD.4529A & B dated 21st December, 1979, made by Surveyor O. Bangbose and verged Red therein and marked “A”;