Francis Afolabi Morakinyo & Ors v. Okunlola Olorode & Ors (2023)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

KENNETH IKECHUKWU AMADI, JCA

This is an appeal against the judgment of the Oyo State High Court in suit No: HOY-23-2015 sitting in Ibadan presided over by his lordship; the Hon. Justice M. L. Owolabi delivered on the 15th February, 2019. The respondents as claimants at the lower court instituted this suit by filing a writ of summons wherein they sought the following reliefs:

(i) Declaration that the claimants’ family is the owner and is entitled to the possession of all that parcel of land, building and compound which is known and called Ile-Olori (Olori Compound) situate, lying and being at Ilora, Afijio Local Government Area, Oyo State.

(ii) Declaration that the entry of the 1st defendant and his agents into the claimants’ family compound (Ile-Olori) on the 7th June, 2014 is unlawful and thereby constitutes a trespass in law.

(iii) An order of perpetual injunction restraining the defendants whether by themselves, their agents, servants, and/or privies or otherwise howsoever called from entering, trespassing, further trespassing, demolishing and/or dealing in any manner whatsoever on the claimants’ family compound known and called as Ile-Olori (Olori Compound) situate, lying and being at Ilora, Afijio Local Government Area, Oyo State. (See page 2 of the record of appeal).

The appellants filed an amended statement of defence and counter-claim wherein they counter-claimed against the respondents as follows:

(i) A declaration that the Abe’s family are entitled to both the customary and statutory right of ownership in respect of the house being wrongly claimed by the claimants situate, lying and being at Abe’s Compound, Ilora, Oyo State.

(ii) An order of forfeiture directing the claimants and/or any of their members to forfeit to the Abe’s family of Ilora and/or the defendants their customary tenancy or any part of that house situate, lying and being at Abe’s Compound, Ilora, Oyo State.

(iii) An order of perpetual injunction restraining the claimants, their agents, servants, privies and whosoever through them from further exercising and/or claiming any right of ownership on any part of that house situate, lying and being at Abe’s Compound, Ilora, Oyo State. (See page 364 of the record of appeal).

At the trial of this suit, the claimants/respondents in proof of their cases called 8 witnesses and tendered exhibits A1 – A7, exhibits BI – B II 9 and exhibits C1 – C7, while the defendants/counter- claimants/appellants on their part, called 6 witnesses and tendered exhibits I, Ja – Ji, K, Ki, M.

Judgment was delivered in this suit on the 15th February, 2019 wherein the learned trial Judge dismissed the counter-claim of the defendants/appellants and entered judgment in favour of the claimants/respondents as follows:

(i) A declaration is hereby made that the claimants’ family is the owner and is entitled to the possession of all that parcel of land, building and compound which is known and called Ile-Olori (Olori Compound) situate, lying and being at Ilora, Afijio Local Government Area, Oyo State.

(ii) A declaration is further made that the entry of the 1st defendant and his agents into the claimants’ family compound (Ile-Olori) on the 7th June, 2014 is unlawful and thereby constitutes a trespass in law.

(iii) An order of perpetual injunction is hereby made restraining the defendants whether by themselves, their agents, servants, and/or privies or otherwise howsoever called from entering, trespassing, further trespassing, demolishing and/or dealing in any manner whatsoever on the claimants’ family compound known and called as Ile-Olori (Olori Compound) situate, lying and being at Ilora, Afijio Local Government Area, Oyo State.