Alhaji Karimu Ibikunle V. Alfa Liasu Lawani & Anor. (2006)

LawGlobal-Hub Lead Judgment Report

OKORO, J.C.A.

The plaintiff, herein referred to as appellant, claimed against the defendant now respondent in paragraphs 18 (a), (b) and (c) of his amended statement of claim as follows:-

“18 (a) A declaration of title to the farmland lying, situate and being at Oba Ile which is covered by survey plan No. OS/0674/95/039

(b) An order of perpetual injunction restraining the defendant, their (sic) his privies, agents and servants from trespassing on the said land.

(c) The sum of N75,000 (Seventy-Five Thousand Naira) being special and general damages for acts of trespass committed on the plaintiff’s farmland by the defendant”.

The facts of this case indicate that there is a parcel of land situate at Oba Ile. Both parties are laying claim to it. The plaintiff is claiming the whole lot while the defendant maintains he owns half of the whole land.

The plaintiff surveyed the whole land which survey plan was received in evidence as exhibit P1. The defendant surveyed his own portion after the intervention of the erstwhile Oloba Olagunju. The said survey plan was admitted as exhibit D1 at the instance of the plaintiff.

After the death of Oloba Olagunju and on the ascension of the throne of Oloba Olayinka who was DW1 in this case, the plaintiff re-entered the land claiming the whole lot but the defendant resisted the plaintiffs claims and reported to the incumbent Oloba. The Oloba, (DW1) sent his chiefs and the parties with their respective families to the land. The report and action coincides with that of his predecessor-in-office. He maintained the same ground.

The plaintiff was dissatisfied hence the instant case. The plaintiff insisted that his father granted temporary licence to one Awakan, a relative of the defendant to plant only gbodogi leaves on the land. The said Awakan died childless and the land reverted to his (plaintiffs) father. He therefore inherited the land from his father.

The defendants’ case is anchored on the fact that his ancestor was the original settler on the whole land. The said ancestor, Oyafunke granted a portion of the land to Oloba Fatoye his very close friend and associate after Oloba’s land had been wrestled away from him by Ikiron Community on one side and Ekean (Now Oba Oke) Community on the second side. That the land in dispute is not part of the land given to Oba Fatoye who was the grandfather of the plaintiff.

The learned trial Judge, after hearing evidence on both sides, dismissed the claim of the plaintiff in totality. In doing so, he held on page 49-50 of the record as follows:

“In the instant case, the plaintiff appears to depend on traditional evidence. But has he succeeded? I doubt it. By paragraph 3 of his pleadings which I have copiously stated above, the plaintiff claimed that his great grandfather tilled and farmed on the land. Two crucial questions arise for consideration.

He has failed to plead the names of his great grandfather, his grandfather and even his father through whom he claimed to get unto the land. Also, he has woefully failed top lead how his said great grandfather got to the land. The intentional or otherwise omission of these two preferential materials and relevant issues has done a devastating blow to his claim. His case is like a building erected on nothing which will inevitably collapse like a pack of cards”.

Being dissatisfied with the dismissal of his claim, the plaintiff now appellant, has appealed to this court.