Alhaji Akanbi Olaleye & Anor V. Jimoh Adejumo & Anor (2004)

LawGlobal-Hub Lead Judgment Report

SAKA ADEYEMI IBIYEYE, J.C.A.

The two appeals in this case were separately initiated by notices of appeal of the 1st and 2nd defendants against the judgment of Somolu, J. of Ilaro Judicial Division of the High Court of Justice, Ogun State. The judgment which was peculiarly titled ‘Ruling and judgment’ was delivered in favour of the plaintiffs on the 23rd day of April, 1991.

In paragraph 20 of the amended statement of claim in which the two plaintiffs sued for themselves and Olaonipekun Adejumo family of Odan Agbara the following reliefs were sought against the two defendants:
“1. Declaration that the plaintiffs are the persons entitled to the right of occupancy of all that piece or parcel of land situate at Odan Agbara village which piece or parcel of land is shown on plan No. APAT/06/159/1987.

2a. Declaration that any notice of acquisition, and compulsory acquisition of the land in dispute under the Public Lands Acquisition Law of Ogun State, is unconstitutional, ultra vires, irregular, null and void.
2b. Any lease of the land in dispute to the second defendant is also irregular, unconstitutional, null and void.

3. N11,000.00 being general damages for trespass committed and being committed by the defendants, their servants and/or agents on the said land.

4. Permanent injunction restraining the defendants, their servants and/or agents and privies from committing further acts of trespass on the land.”

The 1st and 2nd defendants separately filed and exchanged statement of defence which was subsequently amended wherein they joined issue with the plaintiffs of the reliefs sought against them.

The case was set down for hearing in the lower court. The plaintiffs, the 1st defendant and 2nd defendant led evidence by calling four and three witnesses respectively.

The salient aspects of each of the parties’ claims shall be set out briefly. Thus, it is the plaintiffs’ case as per the testimony of the P.W.1, Mr. A. B. Apatra, a licensed surveyor that he prepared the survey plan (exhibit A) of the land in dispute. The P.W.2, Mr. Jimoh Liasu, a farmer, testified that he is a principal member of the family of Olaonipekun Adejumo, also known as Oloje. The Adejumo’s great ancestor – Olaonipekun – who was a farmer, settled on the land in dispute situate at Ago-Eyo 300 years ago. Olaonipekun cultivated cash crops such as cocoa, kolanut trees, oranges, coconut trees, banana and palm trees on the land in dispute. With the demise of the original settler, his successors continued in his trade of farming. The plaintiffs’ family found out that during the construction of Lagos/Badagry Express Motor Way, that Alagbe had trespassed on the family land and he was accordingly sued in Ado customary court. The proceedings and judgment in that court are in evidence as exhibit C.

He further testified by admitting that his family pulled down the boundary wall built by the 2nd defendant who they alleged was a trespasser. Chief Lawson refuted the allegation of trespass against the 2nd defendant. He instead said that the land alleged to have been trespassed upon by the 2nd defendant was sold to him by the 1st defendant. The extent of the area of land purchased by Chief Lawson from the 1st defendant was 51/ hectares. Chief Lawson pleaded with the plaintiffs to re-sell the said parcel of land to him and they agreed as evidenced by the memorandum of agreement (exhibit D).

On being cross-examined, the PW.2 admitted that the Agunbiekun and his family assisted the Alase to ward off the Dahomians warriors. Thereafter, Agunbiekun and his family were allowed to settle in Agbara and produce the Oba of Agbara. He could not tell who, between the ancestors of the plaintiffs and the 1st defendant settled at Agbara first.

The P.W.2 further testified that the only grouse against the 2nd defendant is that Chief Lawson has not fully paid for the land resold to him. As at 18th of April, 1990 when he testified, the P.W.2 said that he was not aware of any public acquisition of Agbara land by Ogun State Government in 1979.
The P.W.4, Mr. Ramoni Nosiru, a farmer and one of the great grandchildren of Olaonipekun Adejumo testified that he knew the land in dispute and the 1st defendant. He asserted that the Olaonipekun Adejumo family had been the owner of the disputed land from time immemorial as that family was the first to settle on it on migrating into Agbara which was then known as Ago-Eyo from Oyo. Succeeding generations without specifying any name inherited the land in dispute and practiced the family trade of farming thereon. His ancestors did not pay tribute to anybody as overlord for all the years.

Some time later, Mr. Samson Alagbe also known as Aladi bulldozed the land in dispute by destroying all the economic crops. The plaintiffs sued Mr. Samson Alagbe. The proceedings and judgment of that suit are reflected in exhibit C. He confirmed that the land in dispute was sold to Chief Lawson who paid only half of the purchase price with a promise to pay the balance of the purchase price after ownership of title had been resolved in the extant suit in court.

The D.W.1 for the 1st defendant, Chief Sunmonu Oduaba of Isale Agbara said that he knows the plaintiffs, the 1st defendant and the land in dispute. The 1st defendant who is a member of Aina Agunbiekun is the owner of the land in dispute and his boundary man. The land in dispute originally belonged to Alashe (Aladi) family from which Agunbiekun Oduaba and the plaintiffs (Adejumo) families derived title. The D.W.1 enumerated his own boundary men as including Idoluba.
As regards the acquisition of vast Agbara land by Ogun State Government in 1977, the D.W.1 said that he is aware of it. On being cross examined by the learned counsel for the plaintiffs, the D.W.1 admitted that the entire Oduaba family had through him sold the Agbara Estate to Chief Lawson. He said that from transmitted history, the grant of land by Aladi family to the plaintiffs’ family was made about 150 years ago.