Tajudeen Olaleye-ote & Anor V. Alhaja Falilatu Babalola (2012)

LAWGLOBAL HUB Lead Judgment Report

SULEIMAN GALADIMA, J.S.C.

Sometime in May 1989, the Respondent as Plaintiff had taken the Appellants as Defendants to an Ifo Grade II Customary Court, Ogun State claiming as follows:

“Plaintiff seeks for declaration of title claiming the lawful ownership of a piece of land which was inherited from my late father Abdu Sarki Areago with purchase receipt dated 21st of April, 1940. The plaintiff’s claim against the defendant is for the sum of one thousand naira (N1,000.00) being for trespass on the landed property being and lying at Aboro Area of Agbado in Ifo/Otta Local Government Area.

The boundaries are as follows:

It measures 2 acres. On the right is bounded by Late Babo Alawofun landed property. On the left in bounded by Oto landed property. At the South is bounded by Oto landed property.

That an interim injunction to restrain the Defendant her agents or privies form owing or entering into the said land in dispute pending the determination of this case by the Honourable Court.

The annual rental of the said landed property valued Five Hundred Naira (N500,00)”.

The case proceeded to trial at the Customary Court. On 7/6/1989 one Alhaji Omidina Ote (now deceased) appeared in Court as representing the defendant (Alhaja S. A. Adeola) but the Court disregarded his appearance on the ground that he is a stranger to the proceedings. However, upon the Respondent’s application the aforesaid Alhaji Ote was eventually joined as the 2nd Defendant by the order of the trial Customary Court.

Thence later, the trial Customary Court Judge, delivered his judgment on 19/9/1990, making the following orders:

“(a) the plaintiff’s claim on title of ownership to the piece of land as described on the claim sheet prevails. The Defendants are subsequently restrained from further alienating on the said land henceforth.

(b) The Defendants are to pay the sum of Six Hundred Naira (N600,00) as damages to the plaintiff .”

Dissatisfied, with this decision, the Respondents appealed to the Ogun State High Court. In it’s judgment delivered on 7/7/99 the High Court allowed the appeal and struckout the entire proceedings of the Customary Court on the ground that lacked jurisdiction to adjudicate on the matter brought before by the Plaintiff/Respondent herein.

The Plaintiff/Respondent was dissatisfied with the decision of the High Court and consequently appealed same to the Court of Appeal, Ibadan Division by its considered judgment delivered on 16/7/2004, the judgment of the High Court was set aside while that of the Customary Court was restored. It held inter alia, as follows:

“The state legislature in Ogun State is not deprived of the powers of creating the Customary Court in its area and defining the powers, scope and jurisdiction on issue of land is as handed over by the Land Use Act, 1978 which is to cover land in rural areas regardless of their value.”