Zaccheus Faleye Vs Alhaji Lasisi Otapo (1995)

LAWGLOBAL HUB Lead Judgment Report

OGUNDARE, JSC.

By a writ of summons issued in March, 1986, the plaintiffs for and on behalf of Talabi Family of Iliwo-Odo Compound, Otta, sued the defendants for themselves and on behalf of Aiyelekun Family of Iliwo-Oke Compound in respect of the piece of land situate at Onigbodo in Otta, Ogun State. Pleadings were ordered, filed and exchanged. By paragraph 43 of their amended statement of claim the plaintiffs finally claimed as follows:

“a. A declaration that the plaintiffs who are members of the Talabi Branch of the Ogbele and/or Eleidi Atala Family of Iliwo-Odo compound Otta Ogun State are the persons entitled to the customary and/or statutory right of occupancy in respect of their farm lands which are well known to the defendant at Eleidi Atala land situate lying and being at Onigbodo along Old Osuke/Ijagba Road Otta Ogun State as shown on Survey Plan No. PAT/OG/268/87 drawn by A.B. Apatira and dated 13th August, 1987 or the area edged yellow in the Survey Plan drawn by M. A. Seweje Licence Surveyor in this suit.

1. A declaration that the defendants who are members of the Ayelekun Branch of the Ogbele and/or Eleidi Atala family of Iliwo-Oke Compound Otta, Ogun State are the persons entitled to the customary right of occupancy in respect of their farm lands which are well known to the Parties Eleidi Atala land situate lying and being at Onigbodo along Old Osuke/Ijagba Road Otta Ogun State as shown on the Survey Plan No. APT/OG/268/87 drawn by Licensed Surveyor A.B. Apatira Esquire.
2. Possession of the respective farm lands of the plaintiffs and the defendants well known to the parties on the ground particularly as shown on Survey Plan No. APT/OG/268/87 of 13th August, 1987 drawn by Licensed Surveyor A.B. Apatira Esquire.
3. Perpetual Injunction restraining the defendants, their servants, agents or privies from going into their respective farmlands, remaining thereon and from committing any acts or other acts inconsistent with the rights title interest or estate of the plaintiffs as shown on the said Survey Plans in relief one above.”

The defendants who are now appellants before us pleaded estoppel, they not only denied the traditional history pleaded by the plaintiff (who are now the cross appellants) but also pleaded inter alia as follows:

“11. And the defendants state that the plaintiffs were customary tenants of the defendants, who have lost their customary holding as shown hereafter as per standing judgments of competent Courts of Law.

12. And in particular, as per the judgments in Suit Nos. IF/OT.12/81 and HCL/2A/83, plaintiffs have no right nor interest in the land in dispute.

13. Defendants further state that the plaintiffs have never at any time performed or exercised any acts of ownership on the land in dispute, and some have been peacefully disposed of their customary holdings as customary tenants at Igbo Eleidi after the judgments in Suits Nos. IF/CTS 12/81 and HCL/2A/83 for refusing to pay their customary tributes to the defendants’ family and for acts inconsistent with the title of the defendants on the land, by challenging their title thereon.

14. The defendants further state that members of Kole Family have in the past testified for the decendants’ family as customary tenants in respect of the defendants’ Igbo Eleidi.

21. In Suit No. AB/39/66, which culminated in, Suits Nos. AB/31 /74 and SC/164/84, Sole Otapo from the Kole family and a full brother of the first plaintiff and father of the third plaintiff testified in Igbo Eleidi case as customary tenants of Eleidi Atala Family of the defendants herein.

22. The late Asani Bada, otherwise known as Asani Fatosa, himself a grandson of Kole, testified as 3rd P. W. in Suit No. AB/31/74 on the 16th day of November, 1977 as Customary tenant of the defendants herein and therein mentioned the names of other members of his Kole Family, including the 1st plaintiff herein and Sule Otapo, father of the 3rd plaintiff and Uncle of the 2nd plaintiff herein.

23. And the aforesaid Suit- No. AB/31/74 in which judgment was entered for the defendants family herein as Eleidi Atala Family has been confirmed on Appeal in SC/164/85, and it is the same land that the plaintiffs now claim to be theirs in the same (sic) of Onigbode Iliwodo.

24. The defendants further averred that Suits Nos. AB/33/66, AB/31/ 74, IF/OT.12/81, IF/OT.33/81 and HCL/2A/83 are all relating to the entire Igbo Eleidi of the defendants, and the plaintiffs or members of their Kole family have all testified as customary tenants for the defendants in respect of the land in dispute as follows:-

(a)     Suit No. AB/39/66 – Late Bello Ojubanire

(b)     Suit No. AB/31/74 – Late Asani Bada, full brother of the 1st plaintiff.