Alhaji Atanda Bodunrin Seriki & Anor V. Mr. Jonah Togun O. Aduralere (2011)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

TIJJANI ABDULLAHI, J.C.A. (Delivering the Leading Judgment)

This is an appeal against the judgment of the Kwara State High Court of Justice, in Suit KWS/109/99, Coram M. O. Adewara (J) delivered on the 30th day of April, 2008.

The appellants were the defendants whilst the Respondent was the claimant/plaintiff in the lower Court. The Respondent by his writ of Summons dated 17th day of September, 1999 and filed on 30th day of September, 1999 sued the Appellants herein and claimed the following reliefs:

“(1) A declaration that the plaintiff is the only one entitled to the statutory Right of occupancy on a piece or parcel of Land situate at Aduralere Street, Amilegbe Area, Ilorin, Kwara State.

(2) A sum of N20, 000.00 only being damages for trespass to and wanton destruction plaintiff’s of the rand and arable crops such as plantain, banana, mango and orange trees by the Defendants.

(3) Injunction restraining the Defendants either by themselves, agents, servants, privies or through any person(s) however from further trespassing on and destroying the plaintiff’s land and arable crops.”

The appellants as defendants filed their statement of defence consisting of 24 paragraphs and counter-claimed thus:

“WHEREOF the 1st defendant prays:

(a) That all the claims of the plaintiff the (sic) dismissed.

(b) The 1st defendant also counter-claims for an order against the plaintiff to declare as the (sic) illegal the alleged approval of the application for permission to alienate the land in dispute and the alleged sale agreement in paragraph 5 and 15 of the statement of the (sic) claim respectively because they are fraud against the Serike Family.”

The case proceeded to hearing wherein the respondent as plaintiff gave evidence and tendered 4 documents as exhibits 1, 2, 3 and 4. He did not call any witness to testify for him.

In response, the defendants gave evidence in their defence and called one witness. They however did not tender any document as exhibit.

In a reserved judgment delivered on the 30th day of September, 1999 the learned trial judge found for the respondent and held thus:

“Finally, having regard to the evidence adduced and the exhibits tendered in this case, I am satisfied that the claimant has proved his case on the preponderance of evidence and I so hold.