Alimi Adeleke V. Akinyele Local Government (2011)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

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

This is an appeal against the decision of an Oyo State High Court of Justice sitting at Ibadan delivered on the 15th of May, 2003. The court dismissed the suit in its entirety.

The Appellants by their claims endorsed on their writ of Summons and their Statement of Claim instituted are seeking the following reliefs:

(a) Declaration that the notice of acquisition under the Public Lands acquisition of Oyo State and the Land Use Act 1978 of the parcel of land between Aregbe to Olorisaoko Village along Ijaiye Road, Moniya and Abedo Isabiyi along Oyo Road, Moniya Akinyele Local Government by the , defendant is irregular, null and void.

(b) An order setting aside the said acquisition under the Public Acquisition Law of Oyo State and the Land Use Act 1978.

Pleadings were filed and duly exchanged by the parties. The summary of the case is that the Plaintiffs who are now Appellants before this court instituted an action against the Defendant now Respondent at the lower court for purportedly acquiring their land without serving them any notice of acquisition and without paying them compensation. The Respondent’s case is that it caused public notices to be pasted on all structures and other features like trees within the area to be acquired and the Respondent’s chairman later explained to the community leaders the purpose of the acquisition, that the land was acquired under Land Use Act, 1978 and the acquisition notice was published in the Daily sketch Newspaper and in the Oyo State Government Gazette. It contended that the acquisition being challenged complied with the law under which it was acquired.

All the Plaintiffs gave evidence in support of their claim and called no other witness. The Defendant called five witnesses. At the end of the case the lower court in a considered judgment dismissed the Appellant’s suit in its entirety Appellants being dissatisfied with the judgment filed their notice of appeal dated 9th of July, 2003 containing three grounds of appeal.

In compliance with the rules of this court, Appellants filed their brief of argument on the 29th of April, 2004 while the Respondent filed his brief of argument on the 9th of July, 2004 but deemed properly filed and served on the 10th of June, 2008. At the hearing of the appeal, Appellants adopted and relied upon their brief of argument wherein three issues were settled for determination thus:

(1) Whether the learned trial Judge was right in holding that the plaintiffs failed to prove their title to the land in dispute.

(2) Whether the learned trial Judge was right by holding that the Plaintiffs/Appellants have no locus standi to institute the action.

(3) Whether the learned trial Judge was right in view of the evidence proffered by the witnesses, to have declined to decide whether there was a valid acquisition by the Defendant or not.

The Respondent at the hearing of the appeal adopted and relied the Respondent’s brief filed on 9/7/04 but deemed properly filed 10/6/08. Respondent settled two issues for determination as follows:

(1) Whether the Appellants having regard to the state of pleadings and evidence proffered thereon, established their entitlement to the reliefs sought.

(2) Whether the failure of the lower court to pronounce on issue raised by the Appellants ipso facto amounts to a miscarriage of justice as to warrant the setting aside of the lower courts judgment.