J. A. Aderigbigbe & Anor. V. Tiamiyu Abidoye (2009)

LAWGLOBAL HUB Lead Judgment Report

T. MUHAMMAD, J.S.C

The claim of the respondent herein, as plaintiff before the High Court of Justice, Ilorin (trial court) was as follows:

“Whereby the plaintiff claims as follows:

1. for the following Declarations:-

(a) that the cash receipt No. 001 of 14th August 1973 for the sum of N2,000.00 purportedly being compensation for Transfer of ownership of land by the plaintiff to defendant could not and did not confer any title in respect of the land described therein on the first defendant.

(b) that the Cash Receipt No. 001 of 14th August, 1973 for the sum of N2,000.00 purportedly being compensation for Transfer of ownership of land by the plaintiff to the defendant is null and void and of no legal effect as it was not duly stamped.

(c) That the said cash Receipt No.001 of 14th August, 1973 for the said sum of N2,000.00 purportedly being compensation for transfer of ownership of land by the plaintiff to the defendant did not comply with the provisions of sections 2, 7 and 8 of the illiterates Protection Law and is thereby null and void and of no legal effect.

(d) That the said cash Receipt No 001 of 14th August, 1973 for the sum of N2,000.00 purportedly being compensation for transfer of ownership of land by the plaintiff to the defendant is a fraud upon the plaintiff and is therefore null and void and no legal effect.

(e) That the application for a permit to Alienate land dated 10th August, 1973 and signed by the plaintiff was obtained by fraud and is therefore null and void and no legal effect, and did not comply with sections 2, 7, and 8 of the Illiterate Protection Law Chapter 51.

(f) That the Customary Right of Occupancy No. OLGA/W/131/6/73 of 10th August, 1973 granted to the defendant by the Osun Local Government Authority based on the said application referred to in paragraph (e) above, is null and void and of no effect.

(g) That the land described in the said Customary Right of Occupancy No. OLGA/W/131/6/73 of

10th August, 1973 is and remains the property of the plaintiff and has never passed to the defendant.

PARTICULARS OF SPECIAL DAMAGES

[i] N1000.00 for the 583 Kola nuts destroyed.

[ii] N500.00 for the 50 oil palm trees destroyed.