Elder Solomon Adeleye Eruola & Ors V. Pa Zacheus Adejumo Ojo & Ors (2014)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

MONICA B. DONGBAN-MENSEM, J.C.A. (Delivering the Leading Judgment)

The facts of this appeal as presented in the brief of argument of the Respondents are compelling and are adopted with some modification and hereby reproduced in this Judgment for proper appreciation of the issues at stake.

At the trial Respondents were the Claimants while the Appellants were the Defendants. By the Writ of Summons and Statement of Claim dated the 10th day of May, 2005, the Respondents prayed the trial High Court for the grant of the following reliefs:

1. A declaration that the Olaokun family of Papanla, Ilaro having been held to be entitled to Statutory Right of Occupancy over and in respect of all that vast parcel of land, situate, lying and being at Itolu, Ilaro vide judgments of competent Courts of Law, the Defendants have no right to sell, lease or otherwise alienate or deal with the said land without the consent, authority, approval or concurrence of the head and other principal members of the said Olaokun family.
2. An order setting aside all sales, leases and/or any other form of alienation made by the Defendants in favour of unwary purchasers out of the Plaintiffs’ aforesaid land.

In the Alternative to (2) above

i. A declaration that the 1st Defendant (Eruola) is under a legal duty to render to the members of Olaokun Descendants Family an account of all monies he has collected from the unauthorized sales and transfer of the family land at Itolu, Ilaro.

ii. An order directing the 1st Defendant to render an account of all monies realized from the sales of Olaokun family land at Itolu, Ilaro and to present to the Court the relevant Bank Statements duly certified by the Union Bank Plc, Ilaro and/or any other Bank(s) if any, into which the monies have been lodged.

3. An order of mandatory injunction compelling the 1st Defendant to hand over to the Plaintiffs all documents of the Olaokun family relating to and concerning the aforesaid land which documents he has retained in his custody inspite of Plaintiffs consistent demands for same.
4. A declaration that the purported Power of Attorney made by the 1st Defendant in August, 2004 or thereabout, which is now the subject of Police investigation, is illegal, invalid, null and void, same having been procured by fraud and deceit perpetrated by the said Defendant the particulars of which will be supplied later in the Statement of Claim.
5. A declaration that the document titled ‘A’ declaration as to the unanimous decision taken by the entire members of Olaokun Descendants family, ETC” dated 31st January, 2005, and sworn to at the High Court Registry, Ilaro, wherein it was purported that the family had ‘agreed to re-confirm the appointment of Elder S. A. Eruola as the President and Trustee of Olaokun Descendants family’ is fraudulent, illegal, invalid, ineffectual, null and void.
6. An order setting aside the aforesaid Power of Attorney and the Document dated 31st January, 2005, respectively.
7. Perpetual injunction restraining the 1st Defendant from further parading himself as the patron/trustee of Olaokun Descendants family
8. Perpetual injunction restraining the Defendants, their agents, servants and privies from selling, leasing or otherwise alienating or dealing with the aforesaid Olaokun family land without the consent, authority or approval of the head and principal members of the said family.

On the 10th of August 2005, the Appellants filed a Statement of Defence dated the 9th of August. Afterward, the Respondents filed a Reply to the Statement of Defence on the 30th of September, 2005. The Reply was later amended by the order of the Court granted on the 16th of November 2007 and is dated the 27th of November 2007.

Trial of the case began on the 17th day of January, 2007. The Respondents called 6 witnesses (PW1-PW6). The Appellants called 3 witnesses (DW1-DW3). The Exhibits tendered are as follows:

A list of exhibits were tendered marked variously as Exhibit A-Q

Exhibit A – Power of Attorney purportedly donated to the 1st Appellant dated 31st January 2005 and registered as No. 27/27/616 of the Lands Registry in the office at Abeokuta.

Exhibit B, C-C6 – Minutes of meetings of Olaokun family.

Exhibit D- Judgment dated 31st July 1998 in Suit No. HCL/52/92 confirming ownership of Olaokun family land.

Exhibit E – Judgment of the Court of Appeal in Appeal No. CA/I/99/99.

Exhibit F- Survey Plan No. OG 3641