Mojeed Yusuf & Ors V. Alhaji Ganiyu Akande & Ors. (2011)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

MODUPE FASANMI, J.C.A. (Delivering the Leading Judgment)

This is an appeal against the judgment of an Oyo State High Court sitting at Ibadan delivered on the 10th of Nov. 2004. The Respondent who was the Plaintiff at the lower court instituted proceedings against the Appellants claiming the following reliefs:

(i) Declaration that the Plaintiff is entitled to a Statutory Right of Occupancy in respect of land situate and being at along Express Road near Podo Village, Ibadan bounded by the Lagos-Ibadan express road and measuring 3,053 hectares.

(ii) Declaration that the transfer of part of the said piece of land by the 1st-3rd and 5th Defendants to the 4th Defendant is unlawful, illegal null and void.

(iii) Perpetual injunction restraining the Defendants whether by themselves, their servants, agents and/or privies otherwise howsoever from committing further acts of trespass or disturbing the peaceful possession of the Plaintiff in respect of the land situate and being at express road, near Podo Village, Ibadan.

In proof of his claims, Plaintiff/Respondent called three witnesses including the Respondent while the Appellants who were Defendants at the lower court called eight witnesses.

The Plaintiff/Respondent case was that he bought a piece of land which is seven and half acres from Kongbari family in 1977. A sale agreement was executed in his favour but however the Appellants disturbed his peaceful possession sometimes in 1998. He gave the following people as his boundary men:

(1) Yusuf Laniba Family

(2) Falana Family

(3) Ile-Ibeji Family

(4) Lagos/Ibadan Express Road.

In proof of his assertion, he tendered exhibits PA and PC which were the survey plan and also a purchase receipt agreement to show evidence of purchase of the said land. He called the Mogaji of the Kongbari family (PW3) who gave cogent evidence to show that the land was actually sold to the Respondent by his family P.W.2 who is a member of the Kongbari family and also buttressed the sale made to the Respondent.

The Appellants claim however was that the land was sold to them by the Ile-Ibeji family. Even thought the Mogaji of the family was said to be alive, he was not called to give evidence in favour of the Appellants and none of the Appellants could tender any purchase receipt or agreement to buttress their evidence of ownership. Instead only the 2nd Appellant tendered an agreement purportedly made by the Ile-Ibeji family without calling any member of the said family to give evidence in his favour.

At the close of the case, the court gave judgment in favour of the Plaintiff/Respondent on the 10th of November, 2004. Dissatisfied with the judgment, Appellants filed their notice of appeal dated 10th of February, 2005 to this court and with the leave of this court granted on 18/1/17 Appellant filed four additional grounds of appeal.