Chief Mukaila Jagbenaiya Olukoga & Ors V. Alhaji N. O. Alowonle & Ors (2002)

LawGlobal-Hub Lead Judgment Report

A. AKINTAN, J.C.A. 

This is an appeal from the judgment delivered by Osidipe, J. at Sagamu High Court in Ogun State on 19th September 1997 in Suit No. HCS/49/92. The present appellants were the defendants while the respondents were the plaintiffs in the lower court. The plaintiffs instituted the action in a representative capacity on behalf of themselves and on behalf of the Igbasonyin family of Ikorodu.

The plaintiffs’ claim as set out in paragraph 46 of the amended statement of claim is as follows:

(1) Declaration that the defendants are by their joint and several acts of excavation of sand from the family farmland known as Igbasonyin farm situate, lying and being at Magbon Village, off Ikorodu/Sagamu Road, near Ita Oliwo, via Ogijo in Sagamu Local Government area and which is

particularly described and delineated in survey plan No. AT/OG/8483 dated 6/12/89 and drawn by W.T. Adeniji licensed surveyor and having boundaries with (1) Pakisa farm (2) Lapete farm (3) Muti farm (4) Kajola farm and (5) Igborufu farm in the jurisdiction of this Honourable Court since 1990 causing severe damages and destructive waste to and detrimental to the inheritance and/or interests of the other members of the family and by such acts have been diminishing the value of the farmland.

(2) Declaration that the defendants’ excavation of sand and destruction of natural and ecological objects on the said farmland due to the said excavation are wrongful, illegal and contrary to statute.

(3) Ten Million Naira (N10,000,000.00) being special and general damages for the said destructive waste and damage committed on the said farmland by the defendants, their servants, agents and/or privies.

(4) Perpetual injunction restraining the defendants jointly and severally, their agents, servants and/or privies from committing any further acts of destructive waste, damage and/or dealings on the said farmland in any manner whatsoever detrimental to the collective interests and/or inheritance of the other members of the Igbasonyin family.”

The dispute that led to the institution of the case was over a large plot of family farmland fully described in the first leg of the claim. Pleadings were filed and exchanged. The parties later amended their pleadings and as such the claim was heard on the parties amended pleadings.

The parties led evidence in support of their respective pleadings at the trial.

It is clear from the pleadings and evidence led that the parties were members of the same family, the Igbasonyin family of Ikorodu. The first respondent is the current head of the family. He was elected into that office in 1992 following the death of the former head of the family, Alhaji Ariyo, in 1991. The election of the first respondent in 1991 caused a division within the family.

The first appellant and his splinter group claimed that the 1st appellant was the elected head of the family and not the first respondent.

On assumption of office of the first respondent as the head of the family in 1992, the family took a decision to survey the family land which is the subject of the present dispute. To that end, members of the family were ordered to make contributions towards the cost of engaging the services of the surveyor. This was done and a surveyor was engaged for the purpose. It was when the surveyor went on to the site that he noticed that many parts of the land had been devastated as a result of some people carrying on excavations for sand. He reported his findings to the family. On receipt of the surveyor’s report, the family made investigations about the people responsible for the excavations on the land. They found that the appellants were responsible for the excavations.

They warned them to stop further excavation on the land.