Benson Akintola Sunmonu Ige & Ors. V. Babajide Akinwunmi Farinde & Ors.(1994)

LAWGLOBAL HUB Lead Judgment Report

IGUH, J.S.C.

The issue that calls for decision in this appeal is whether the joinder of the interveners as the 2nd – 7th plaintiffs in this case is justifiable or permissible in law.

By a writ of summons filed on the 3rd day of October, 1984 in the Ikeja Judicial Division of the High Court of Justice, Lagos State, the plaintiff sued the defendants, who are now appellants herein claiming as follows:-

“1. Declaration that the plaintiff is entitled to use and occupation to the exclusion of the defendants and their agents of all that area of land described in plan No. OGEK 894B/77 measuring 7779.883 square metres situate, lying and being at Igando Village which is more described on Plan No. OGE/894B/77 (a copy of which is attached herewith and marked Annexure A).

2. Perpetual Injunction restraining the defendants their servants and agents from further acts of trespass on the aforesaid land described in Annexure A.
3. Damages suffered by the Plaintiff as a result of the Defendants’ trespass to part of the aforesaid land described in Annexure A.”

The damages for the aforesaid trespass claimed was in paragraph 17 of the plaintiff’s statement of claim fixed at N10,000.00 described:

“as special damages being cost of development destroyed and N1,000.00 general damages.”

It is not in dispute that the plaintiff derived his title to the land in dispute by purchase from the interveners who are the lawful attorneys and the accredited representatives of the Igando people or community. In his statement of claim, the plaintiff pleaded as follows:-

“3. The plaintiff came into Possession of the said land by virtue of a sale to him of the said land by the Attorneys of Osumba/Oyere/Beku/Oro-Otan Onimaba families of Igando village. (The plaintiff will rely on the Power of Attorney and the Donors of the Power of attorney registered as page 88 No. 88 in volume 1623 at Lagos State Registry. The plaintiff will also Rely on his purchase receipt).

4. The plaintiff’s vendors derived their title as members of the Osumba/Oyero/Beku, Oro-Otan-Onimaba families of Igando village in Lagos State, which family has been the owners of the said area of land from time immemorial.
5. In the Supreme Court judgment dated the 6th of June, 1903 in a suit between Olosunde and Chief Onimaba as the plaintiffs and Ilo, Odu and Arishe and Olorunfunmi as the defendants, the plaintiffs’ ancestors in the said suit were declared the owners of all land then known as Igando Forest (which forms part of the land now in dispute). The said judgment followed the withdrawal of the defendants from their claim to the land on the 8th of May, 1903.

(The plaintiff will rely on the judgment and the proceedings of this suit at the trial of this case).

7. The Donors of the Power of Attorney mentioned in paragraph 3 will testify as to the genealogical tree of the earlier settlers.
8. The Attorneys to the original owners of the land in dispute (Igando People) and with approval of the Onigando of Igando have sold the land in dispute to the plaintiff who later invited a surveyor to survey the land.
9. The Donors of the power of Attorney constitute a cross-section of what is known as Igando community.
10. The Attorneys of the original owners of the land in dispute executed a Deed of Conveyance in favour of the plaintiff on the 23rd day of March, 1978 and the Deed of Conveyance was registered as No. 36 at page 36 in volume 1691 of the Lagos Land Registry in the office at Lagos. (The plaintiff will rely at the trial on the Deed of Conveyance).

The 1st – 3rd defendants who are the representatives of the Beku Onimaba family of Igando with the 4th defendant who claimed to be their tenant on part of the land in dispute filed a joint statement of defence in which they pleaded as follows:-

“4. The 1st to 3rd defendants aver that they are the accredited representatives of the Beku Onimaba Family of Igando and that the 4th defendant is a tenant of the said family in respect of a parcel of land being portion of Beku Onimaba Family Land Igando.

5. The defendants aver that the land subject matter of this case is portion of the land in dispute in suit No.IK/76/68 Amuda Dada and ors. v. Bakare Sodeke and ors. in the High Court of Lagos State.
6. In the said suit, the plaintiffs therein claimed a declaration of forfeiture to the whole of Igando lands and for injunction to restrain the defendants from disturbing the plaintiffs on the said land.
7. The plaintiffs sued for and on behalf of the Igando Community (or people) and the 1st to 4th defendants therein defended on behalf of the Beku Onimaba Family and each party pleaded its traditional history in its pleading.
8. In as much as the plaintiff relies on the sale to him of the land in suit as pleaded in the Statement of Claim the defendants contend that the sale is void and that the plaintiff has no right, title and/or interest in the land allegedly bought by him from the attorneys of the “Osumba/Oyero/Beku/Oro-Otan Onimaba families.

Wherefore The defendants pray this Honourable Court to dismiss the claim.”

The 1st – 3rd defendants then counter-claimed against the plaintiff, his servants and/or agents. This is in respect of the entire Igando community land, the subject matter of suits Nos. IK/76/68 and SC./171/75 of which the land claimed by the plaintiff in his own action is only a part. The said counter-claim is in the following terms:-

“24. The defendants aver that the plaintiff and the said attorneys who sold the land in dispute to him have trespassed on the said land and threaten to continue to do so.