Chief Ogunderu Oremade Awonusi & Anor. V. Mr. Adeyemi Odunsi Awonusi (2006)

LawGlobal-Hub Lead Judgment Report

JOHN AFOLABI FABIYI, J.C.A.

This is an appeal against the judgment delivered by Saula, while sitting at the High Court of Justice, Sagamu in Ogun State of Nigeria on 30th July, 2004. In the judgment, the claims of the plaintiff at the trial court and respondent herein were substantially granted as prayed.

The plaintiffs claims as contained in paragraph 29 of the statement of claim read thus:

“29, WHEREOF the plaintiffs claim against the defendants jointly and severally (sic) read as follows:

(a) An order directing the defendants to:

(i) make a full disclosure of the total number of plots in each of Phases I and II of the Oliwo Awonusi Family land.

(ii) tender a full financial account of all the plots of land sold by the defendants in Phases I and II of the Oliwo Awonusi Family land.

(iii) disclose the amount of money if any, distributed among each of the five branches of Oliwo Awonusi Family.

(b) A declaration that the plaintiff is entitled to be paid the sum of one thousand Naira (N1,000.00) or five hundred Naira (N500.00) on every plot of land sold in each of Phases I and II of the Oliwo Awonusi Family land in accordance with the judgment of Ewusi-in-Council which was delivered on 26/6/91.

(c) A declaration that the plaintiff is entitled to allotment of a proportionate and reasonable member (sic) number of plots in Phases I and II of the Oliwo Awonusi family land as ordered by the Ewusi-In-Council on 26/6/91.

(d) An order directing the defendants to allow the plaintiff to exercise his right of option to purchase some of the plots of land in Phases I and II of the Oliwo Awonusi Family land in accordance with the judgment of Ewusi -In-Council of 26/6/91.

(e) An order restraining the defendants from further selling the land in Phases I and II of the Oliwo Awonusi Family land until the defendants have carried out the order of Ewusi-In-Council as contained in their judgment of 26/6/91.

f) A declaration that the plaintiff as a principal member of Oliwo Awonusi Family is entitled to be involved in the sale of Oliwo Awonusi Family land.”

It is apt to state, albeit, briefly the evidence adduced on both sides of the divide for a clear focus. The plaintiff maintained that a vast land known as Ado farmland belonged to his grandfather by name OJiwo Awonusi who had five children namely Oremade, Joye, Odunsi, Sewoniku and Oyesanya. Oremade begat the 1st defendant along with others. Joye begat the 2nd defendant with others and Odunsi begat the plaintiff along with others as well.