Chief Adesina Jinadu & Ors. V. Chief Israel Esurombi-aro & Anor (2009)

LAWGLOBAL HUB Lead Judgment Report

A. OGUNTADE, J.S.C

The respondents were the plaintiffs before the Lagos High Court where they claimed against the appellants (as the defendants) the following reliefs:

“1. A declaration of title under native law and custom to all that parcel of land being part of Ojora Chieftaincy Family land situate at Iganmu, Lagos comprising inter alia Orile Iganmu, Aloko Sarage, Sari, Offa-Offin, Oso-Olodi, Tokosi, Coker, Ajabe, Laniyonu, Tapa Bankole, Imoro and adjourning villages shown on Plan No. AL 641/1974;

2. Forfeiture of the customary tenancy and occupational right of all the defendants and each of them in the land in dispute.
3. Possession of the said lands.”

The parties filed and exchanged pleadings. The suit was heard by Segun C.J. On 13th December, 2000, the trial Chief Judge in his judgment granted the claims of the plaintiffs now respondents. The counter-claims filed by some of the defendants were dismissed. The defendants/appellants were dissatisfied with the judgment of the trial court. They brought an appeal before the Court of Appeal, Lagos (hereinafter referred to as ‘the court below’). The court below, on 8/11/2004 dismissed the appeal. Still dissatisfied, the defendants/appellants have come on a final appeal before this Court. It is necessary that I point out here that the appellants before this Court are in two groups, namely the 1st – 12th appellants and the 13th appellant who was the 24th defendant before the trial court. In the appellants’ brief filed on behalf of the 1st – 12th appellants, the issues for determination in the appeal were identified as the following:

“1. Whether the Court of Appeal was right when it held that the plaintiffs/respondents were entitled to a declaration of title to the land in dispute. Grounds 1,5 and 7.

2. Whether the plaintiffs/respondents can maintain an action for declaration of title to the same land acquired by government even on the admission of the 9th Plaintiffs’ witness Chief Taoreed Lawal-Akapo. Grounds 6 and 9.
3. Whether the Court of Appeal properly considered the issues of admissibility and probative value of the documentary and oral evidence raised by the 1st -12th appellants in the determination of the appeal before them. Grounds 3, 6, 8, 10, 11 and 12.
4. Whether the plaintiffs/respondents proved that the 1st – 12th appellants, the 1st set of defendants/appellants were their customary tenants. Grounds 2 and 4.”

In the appellant’s brief filed by counsel on behalf of the 13th appellant, the issues for determination were stated to be these:

“1. Whether on the state of the pleadings and admissible evidence before the court, the plaintiff could be said to have proved title to the land in dispute .

2. Whether there is evidence that the 24th defendant/13th appellant’s family are customary tenants of the plaintiffs .
3. Whether the evidence in support of the 24th/13th appellant’s case is sufficient to grant the counter-claim…”

It is appropriate that the pleadings of the parties upon which the case was tried be discussed in order to expose the standpoints of the parties on the germane issues in this appeal. The plaintiffs/respondents in paragraphs 2, 3 and 4 of their amended Statement of claim pleaded thus:

“2. The land in dispute forms a portion of a large area of land which belonged to the Ojora Chieftaincy Family absolutely under Yoruba Native Law and Custom.

4. The Ojora Chieftaincy Family is one of the Idejo Land owning Chieftaincy Families of Lagos and its traditional head is the Chief Ojora, a Lagos Idejo White Cap Chief.
5. The whole of the land originally owned by the Ojora Chieftaincy Family (hereinafter referred to as the Ojora Land) were known generally as Iganmu and have been in the possession of the said family (sic) from time immemorial and is bounded on the East by the Lagos Lagoon and part of Lagos Island and Ebute-Metta; on the North by the land of Oloto Chieftaincy Family Abebe Creek, Iguru Swamp and Itire Land; on the West by the land of Amuwo and of Alahun and on the South by the land of the Oluwa Chieftaincy Family, and more particularly shown on a plan dated December 1918 made by Herbert Macaulay (now deceased.)”

The respondents subsequently went on to plead the diverse acts of possession spanning several years and how the ancestors of the defendants/appellants became their customary tenants. In paragraphs 46 to 57, the plaintiffs/respondents pleaded thus:

“46. The Plaintiffs aver that several other villages such as Odi Village, Tinubu Village, Dodoro and several others were occupied by customary tenants of the Plaintiff’s family and they all paid tribute and later rent in the form of cash to the Plaintiff’s family and many of the occupants of such villages still acknowledge the ownership of the Plaintiff’s family.

47. The Plaintiff’s family have exercised maximum accts (sic) of ownership over the land In dispute and other surrounding villages which form part of their land at Iganmu by:-

(i) Placing tenants upon and collecting tribute and rents as aforesaid from the villages hereinbefore mentioned as well as others such as Apata, Oguntayo, Obadiya, Alaiyabiagba Tokosi, Amukoko Ajegunle, Aiyetoro, Mosafejo Alaba Metta, Onikere, Olongo, Layeni, Dodaro,

Agidimo Apapa Elemu (before compulsory acquisition) Tinubu and several others.

(ii) Appointing or approving the appointment of the Bale of each of the said villages where necessary.