Pastor Samuel Karimu & Anor. V. Lagos State Government & Anor. (2011)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

MOHAMMED AMBI-USI DANJUMA, J.C.A.: (Delivering the Leading Judgment)

The Appellants as Plaintiffs had by a writ of summons and statement of Defendants now Respondents herein as follows:-

1. A declaration that the expense of land situate behind Abraham Adesanya Estate at Karimu Igbaro Village via Ajiwe Village, via Ajah in Etiosa Local Government Area of Lagos State more particularly described in the perimeter survey, pleaded in paragraph 12, measuring approximately 5.093 hectres belongs to the Plaintiffs.
2. An order restoring possession of the Plaintiffs’ land described in paragraph I above compulsorily acquired by the Defendants without compensation back to the Plaintiffs or alternatively an order compelling the Defendants to allocate an alternative and suitable land of the same size to the plaintiffs in lie of their land that was compulsorily acquired without compensation. (See pages 3 – 4 of the Record).”

By the second Amended statement of Defence dated 1st of March 2006 (pages 126 – 128 of the Record), the Respondents as Defendants contended that the Appellants’ land was validly acquired and that at the time of acquisition the Karimu Agbaro Village was not in existence and that the excision made to Ajah village covered the Appellants as well and that the Appellants’ case be dismissed. The facts as averred in the statement of claim (pages 3 – 4 of the record) are as follows:

The progenitor of the Plaintiffs, Karimu Igbaro and his brother, Ajiwe igbaro migrated from Ile-Ife to Lagos, sometime around the 17th Century. The duo later moved from Lagos Island to Ajah where they met Fakorede Alagba, the head of Egungun (masquerade) cult who introduced them to Chief Ogunsemo, the head of the first ruling house before the Ojupon ruling house. That the ‘Iya’ oracle directed the two brothers to the present day location, Karimu Igbaro and Ajiwe villages respectively. That the Respondents acquired all the lands within Eti-Osa including that of the Appellants. The Respondents used part of the Appellants’ land for Abraham Adesanya Housing Estate while they refused to excise the remaining 5.093 hectres despite repeated demands. In their Defence, the Respondents allege that Karimu Igbaro village was not in existence at the time of revocation. They further alleged that the Notice of revocation served on some traditional rulers within Eti-Osa Local Government Area is binding on the Appellants.

The Respondents further contended that the excision granted to Ajah village covers the Appellants’ land as the Appellants’ land is within Ajah community. They urged the court to dismiss the Appellants’ claim. In his judgment delivered on the 8th November 2006, (see pages 213 – 223 of the record), both claims were dismissed for want of proof.

Being dissatisfied with the judgment of the lower court, the Appellants by Notice of Appeal dated 19th January, 2007, appealed to this court upon 5 grounds of Appeal. (See pages 225 – 228 of the record).

The Grounds of Appeal without their particulars are reproduced herein-under for ease of reference. They are as follows:-

“GROUND I

The learned trial Judge erred in law when he held at page 4 of the judgment that the identity of the land being claimed by the Appellants is in dispute.

GROUND II

The learned trial Judge erred in law when after holding that the perimeter survey, exhibit C3 is admissible under the survey law, Cap section 13, Laws of Lagos State, 2003, but nevertheless went further to say that same is not useful in establishing the identity of the land.

GROUND III

The learned trial Judge erred in law when he held that the Appellants did not offer a satisfactory proof of their traditional history connecting them to the land in dispute when there was no contrary evidence of traditional history adduced by the Respondents.

GROUND IV