Aminu Raji V. Jimoh Oladimeji & Anor (2008)

LawGlobal-Hub Lead Judgment Report

MOJEED ADEKUNLE OWOADE, J.C.A.

 This is an appeal against the judgment of Abdulrasaq Abdulkareem J. of the High Court of Osun State sitting in Osogbo in the Osogbo Judicial Division delivered on 12-06-2006.

The Respondents as Plaintiffs took out a writ of summons dated 24-1-2003 against the Appellant/defendant counter claimant.

The relevant pleadings in the court below are the Plaintiffs Respondents Amended Statement of claim of 18-2-2004, the statement of defence and counter claim of 20-10-2005 and the Reply to Defendant’s Statement of Defence and Defence to Counter Claim of 30-11-2005.

By paragraph 22 of the Amended Statement of claim, the Respondents as Plaintiffs claim as follow:

(1) Declaration that the Plaintiffs are entitled to statutory Right of Occupancy in respect of the portion of Ayanlowo family land now in dispute situate, lying and being at Oke-Osun, Osogbo and bounded on all sides by Ayanlowo family land.

(2) Declaration that the Defendant and his predecessors-in-interest were Ishakole – paying customary tenants of the Plaintiffs family at the Plaintiffs family land at Oke-Osun, Osogbo.

(3) Forfeiture of the Defendant’s customary tenancy for acts of gross misconduct for refusing to pay yearly (Ishakole) and also for claiming title to the land in dispute.

(4) The sum of N100, 000.00 being general damages for trespass.

(5) Perpetual injunction restraining the Defendant, his servants, agents, privies or any person claiming through him from entering the land in dispute and/or from further acts of trespass on the land in dispute verged Green and Red in survey plan No. OS/0823/DISP/2003/010 dated 28/3/2003 prepared by O.K. Oluokun Registered Surveyor.

The Appellant as Defendant in turn counter-claimed in paragraph 32 (3) of his statement of Defence and Counter-Claim as follows:

(i) Declaration that the counter claimants Oyasola Ayanlowo descendants are the persons entitled to a statutory Right of Occupancy over the parcel of land measuring approximately 5 Acres and situate, lying being at farm settlement Road and more particularly described and delineated on survey Plan No. OLS/147/87/008 dated 10/11/87 and prepared by A.O Orepitan, a Licensed Surveyor.

(ii) Damages of N100,000.00 for trespass and continuing trespass on the counter-claimants land.

(iii) An order of perpetual injunction restraining the defendants, their servants, agents and/or privies or any person claiming through them from entering or from trespassing on the said parcel of land in dispute.