Mr. Ibrahim Oginni Adepoju & Ors V. Mrs. Idowu Famoroti (Nee Oniya) & Ors (2016)

LawGlobal-Hub Lead Judgment Report

JAMES SHEHU ABIRIYI, J.C.A.

This is an appeal against the judgment delivered on 3rd April, 2014 in the High Court of Ondo State holden at Akure. The Appellants in that Court were the Defendants. Their counterclaim was struck out on 21st November 2012 having been withdrawn.

The Respondents who were the Plaintiffs in the lower Court claimed for the following:
a. A DECLARATION that the claimant’s family is the traditional and undisputed owner of the large parcel of farmland at Oke Oko, Emure village, Akure bounded by Filani Orimoloye’s farmland near Ogidan River, Abusoro farmland, Olomi Peter’s farmland and Ojomu Alade’s family farmland thereby entitling them to the customary right of occupancy in respect thereof.
b. AN ORDER to render account of the number of plots sold on the claimants’ family farmland at Oke-Oko, Emure village and the cost of each plot of land sold therein.
c. AN ORDER of perpetual injunction restraining defendants, their servants, privies, agents and successors from committing any or further acts of trespass on the said farmland.
d. The sum of N5,000,000.00

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damages for trespass committed and still being committed by the defendants upon the said parcel of the claimants’ family farmland at Oke-Oko, Emure camp, Akure.

The case of the Respondents in a resume is that the land in dispute is called Oke-Oko in Emure. Emure is an entire village originally owned by Sasere Adegbuji. Sasere Adegbuji had inherited Emure village from his mother Princess Adekorun. Princess Adekorun got Emure village as gift from her father, Oba Deji Arakale who originally owned Emure which is part of Akure. The land in dispute became the property of Egboro after it was allocated to him by his father Sasere Adegbuji. All the children of Sasere Adegbuji got allocation of land at Emure village from Sasere Adegbuji. The part settled upon by Egboro is Oke-Oko. The claim of the Respondents is in respect of the part settled upon by Pa Egboro.

Pa Adegbomire, the Appellants’ great grandfather’s farmland is at Alubere in Emure village and the Appellants are not co-owners of the farmland at Oke Emure village with the Respondents family.

On their own part, the Appellants’ case is that Princess Elusade daughter of Oba Osupa was the

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original owner of the land called Emure and she brought her husband Chief Sasere Adegbuji to farm and settle on the land. Other people came to the land because Adegbuji invited them as friends.

After considering evidence adduced by both parties and written addresses of learned counsel for the parties, the lower Court entered judgment in favour of the Respondents.

Dissatisfied with the decision of the lower Court, the Appellants filed an initial notice of appeal dated and filed 4th April 2014 containing four grounds of appeal. The notice of appeal was amended by order of this Court. The amended notice of appeal dated 22nd February 2015 was filed on 2nd March 2015 and was deemed duly filed and served on 1st March 2016. The amended notice of appeal contains eight (8) grounds of appeal from which the Appellants formulated the following three issues for determination:
1. Whether the trial Court was right when in its wisdom it conjured a non existing Court process titled 1st further Amended Statement of Claim filed on 20th day of January, 2014 and based its decision on the said non existing Court process.
2. Whether the trial Court was

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right when he shifted the onus of proof on the defendant who had already withdraw (sic) their it (sic) counter-claim and also making case for respondent.
3. Whether the claimants/respondents have prove (sic) their case in the absence of/or after removing the perverse findings of the trial Court and the area where the trial Court descended into the arena of making cases for the claimants/respondents.