Alhaji Jamiu Olokotintin V. Saamu Sarumi & Ors (1996)

LawGlobal-Hub Lead Judgment Report

OGEBE, J.C.A. 

The appellant sued the respondents before an Ilorin High Court claiming in paragraph 13 of the statement of claim as follows:-

“whereof the plaintiff claim (sic) against the defendants the following:-

a. A declaration that the plaintiff is the occupier/holder of the said piece of land lying and situate at Ile-Olokotintin Ilorin.

b. Perpetual injunction restraining the defendants, their servants and agents from any act of trespass on the said land; and

c. One thousand Naira (N1,000.00) general damages for the said trespass.”

The respondents in their statement of defence denied the claim and summarized their defence in paragraph 23 thereof as follows:-

“In further answer to paragraphs 13(a)(ii) and (iii) of the statement of claim, the defendants aver that the plaintiff is not entitled to the reliefs sought therein and that they are not in any way or manner liable to him in the sum of N1,000.00 or any other sum at all. Whereof, the defendants pray this Honourable Court to dismiss the plaintiff’s claim in its entirety as same is frivolous, vexatious, fishy and an abuse of the court’s process.”

The appellant gave evidence and called 2 witnesses to prove his claim. He stated in evidence that the disputed land belonged to his father, and that the original owner was his grand father Alhaji Abdullahi Assau Olokotintin. He said that the 1st respondent sold his land to the other 2 respondents and that was the basis of his claim. On the description of the land his exact words are as follows:-

“The land is situate at Okelele near Abayawo in Ilorin. It is along Osibi Road before getting to Okelele Secondary School and extends to Odi-Abayawo. The land is between these areas mentioned above. The land is 800ft. by 600ft. The land is called Olokotintin land.”

He did not state under which customary law he was claiming the land nor did he give a clear historical evidence of how his father founded the land.

The 1st respondent gave evidence and tendered 2 exhibits, D1 and D2. Exhibit D1 is a certified true copy of the judgment of the Ilorin High Court sitting on appeal in suit No. KWS/8A/84 in which it reversed the judgment of an Ilorin Upper Area Court which had earlier set aside the decision of an Area Court Grade 2 which dismissed the claim of one Ambali Olokotintin, the alleged privy of the present appellant claiming the same piece of land.

The 1st respondent gave an account of how the land came to be vested in his family. He said that the land in dispute was given to his grand father Ologbondoko by Abdul Salasi, a one time Emir of Ilorin as a reward for his being a warrior and fighting a war on behalf of the Emirate and it got to him through inheritance. He was the oldest member of the family and was vested with the land on behalf of his family. He gave evidence of how he has sold parcels of land to various people from the family land. He said that one Ambali had sued him in respect of the same land and he won as shown by Exh. D1.

At the close of the case for the parties the court in the presence of the respective parties visited the locus in quo. The parties submitted written addresses and the trial court on the 3rd of March 1994 adjourned the matter for judgment to the 26th of April 1994. The judgment was eventually delivered on the 28th of July 1994 after a period of roughly 4 months and 3 weeks from the date when the judgment was reserved. The main reason for the delay was that the trial Judge’s wife was sick and eventually died in the interval. He obtained the consent of both parties before he delivered the judgment after 3 months of its being reserved. In the judgment the trial Judge dismissed the appellant’s claim on 2 grounds, firstly that he failed to establish by sufficient and credible evidence his claim before him, and secondly the matter was caught by the principle of res judicata. It is against that judgment that the appellant appealed to this court on 3 original grounds of appeal and with the leave of the court 2 additional grounds of appeal. In accordance with the rules of this court the appellant filed his brief in which 5 issues for determination were formulated as follows:-