J. A. Ilori & Ors. V. Mr. Musibau I. A. Tella & Anor. (2006)

LawGlobal-Hub Lead Judgment Report

FABIYI, J.C.A.

This is an appeal against the judgment delivered by Bakre, J. while sitting at the High Court of Justice, Abeokuta in Ogun State of Nigeria on 15th June, 1999. The learned trial judge granted the reliefs claimed by the respondents as plaintiffs at the lower court against the appellants as defendants thereat.

The claims of the plaintiffs, made jointly and severally against the defendants read as follows:

“1. Declaration that the plaintiffs are entitled to the Statutory Right of Occupancy over a piece of land at Gbangba, Ijaiye, Abeokuta to be shown on a survey plan to be filed later.

2. N2000.00 damages for trespass committed by the defendants on the said land.
3. Perpetual injunction restraining the defendants, their agents, servants or privies from committing any further acts of trespass on the said land.”

Put briefly, the plaintiffs’ case was that their ancestor, Labulo settled on the land in 1862 after the Ijaiye war. The contention of the plaintiffs was that they heard that their land was being trespassed upon by the defendants in 1991. They objected and took the defendants to the Ijaiye Council of Chiefs. But the defendants refused to attend the call of the Chiefs. The plaintiffs maintained that the Chiefs directed them to continue to work on the land.

The defendants, on their part, maintained that they settled on the land through Lamodi in 1862 after the war. They testified that their fore-bear, Henry Ilori, put up a house on the land in 1864. Since then, they have been enjoying peaceful and quiet environment without any disturbance or interference until 1994 when the plaintiffs first challenged them on the land. They contend that the plaintiffs were merely their in-laws in Gbangba compound. They say that they put structures on the land to the knowledge of the plaintiffs who, according to the defendants, are caught by the Doctrine of Laches and Acquiescence. The 1st defendant’s family sold parts of the land to the 2nd – 3rd and 4th Defendants in 1977 or thereabout and they too, had put structures on the land to the knowledge of the plaintiffs.

The learned trial Judge was carefully addressed by both learned counsel to the parties. In his reserved judgment delivered on 15th June, 1999, the learned trial judge granted all the reliefs sought by the plaintiffs and awarded costs of N5,000 against the defendants.

The defendants felt unhappy with the stance of the learned trial judge and have appealed to this court. The notice of appeal dated 31st August 1999 and filed on 1st September, 1999 carried seven grounds of appeal.

The appellants’ brief of argument was deemed duly filed on 21-10-02 by leave of court. The respondents’ brief of argument was filed out of time by leave of court on 26-9-03. Therein, learned counsel for the respondents put up a notice of preliminary objection in which he challenged the competence of the appeal. The same precipitated a lengthy reply brief of argument filed on behalf of the appellants on 8-3-04 with the leave of court.

On 2nd March, 2006 when the appeal fell due for hearing, learned counsel for the respondents requested that the preliminary objection be taken and determined first. The respondents did not dose over same. That is how it should be. Since the respondents raised objection to the competence of grounds 1-6 (both inclusive) of the grounds of appeal, it is apt to reproduce them along with their particulars for ease of reference and adequate consideration. They read as follows:

“Grounds of Appeal:

(1) The learned trial Judge erred in law and misdirected himself in holding that the principle of law laid down in Kojo II v. Bonsie (1957) 1 WLR 1223 at 1226 by Lord Denning did not apply to the instant case in respect of the conflict of evidence of the traditional History presented by the parties.

Particulars:

(a) There is abundant evidence before the court that while the plaintiff traced their evidence of title to Labulo in 1962 (sic) the defendants traced title to Henry Adedapo Ilori, Adeniyi Ilori and Lamodi.