Gabriel Adewole Tewogbade V. Mrs. V.A. Obadina (1994)

LAWGLOBAL HUB Lead Judgment Report

IGUH,J.S.C. 

By a writ of summons filed in the Ibadan Judicial Division of the High Court of Justice, Oyo State, the plaintiff, who is now respondent, instituted an action against the defendant, now appellant, claiming as follows:-

“(a) Declaration that the plaintiff is entitled to Statutory Right of Occupancy to all that piece and parcel of land known as Plots 1 and 2, Alafia Layout, Ikolaba village, Ibadan, particularly shown on Plan No. MAY 95AD/76 dated 9th November, 1976, made by M.A. Laoye Esq., Licensed Surveyor, thereon edged red and all the right of way and easements attached thereto:

(b) N20,000.00 (TWENTY THOUSAND NAIRA) general and special damages for trespass and for the destruction of the wall fence made round the Plots of land by the plaintiff and also all other materials deposited thereon.

(c) Perpetual Injunction restraining the Defendant, his agents, servants, workers, privies and all persons whatsoever claiming through him.”

Pleadings were ordered in the suit and were duly settled, filed and exchanged. The defendant, in his Statement of Defence counter-claimed against the plaintiff for the following reliefs:-

“(a) N1,000.00 damages for trespass committed by the plaintiff sometime in 1980 on the parcel of land edged green which is within area the edged red in plan No.AD234/81:

(b) Injunction restraining the plaintiff, her servants, agents et cetera from entering the land in dispute.”

The plaintiff duly filed a reply to the defendant’s Statement of Defence and counter-claim. Issues were joined by the parties in their pleadings and the case proceeded to trial before Ibidapo Obe, J. sitting at the Ibadan High Court.

Both parties testified on their own behalf and called witnesses. At the conclusion of hearing, the learned trial Judge, after a careful review of the evidence on the 30th November, 1981, entered judgment for the plaintiff as the rightful owner of the disputed land and therefore entitled to a certificate of occupancy in respect thereof in accordance with the provisions of the Land Use Act. An order of perpetual injunction was also issued restraining the defendant, his servants and/or agents from any further acts of trespass on the said land.

The defendant, being dissatisfied with the said judgment, lodged an appeal against the same to the Court of Appeal, Ibadan Division on the 2nd February, 1982. The plaintiff on the 10th February, 1982 also cross-appealed against that part of the judgment of the trial court which dismissed her claim for damages for trespass.

The Court of Appeal in a unanimous decision dismissed both the appeal and the cross-appeal. Aggrieved, by this decision of the Court of Appeal, the defendant has further appealed to this court on a six ground notice of appeal.

It is convenient at this stage to set out briefly the back-ground facts to the dispute between the parties. It is common ground that the land in dispute to which both parties claim ownership was originally the property of the Ikolaba family of Ibadan. Both the plaintiff and the defendant claimed their root of title through the said Ikolaba family.

The plaintiff traced her title to the land from the Ikolaba family through a power of attorney, Exhibit ‘B’, which was given by the family to some of their members. It is the plaintiff’s case as pleaded in paragraph 2 of her statement of claim that by virtue of the conveyance, Exhibit ‘C’, the Ikolaba family sold to P.W.7. Alhaji Alimi Akinpelu, a large piece or parcel of their family land of which the land now in dispute “was claimed” to form a part. Following this claim on the part of Akinpelu, the plaintiff was obliged to purchase the land in dispute which comprised of two plots from him. This was by Exhibit ‘G’ and the consideration was N3,200.00.