Adelani Adewuyi & Ors V. Chief (Mrs.) Olagbenke Ipaye(2014)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

CORDELIA IFEOMA JOMBO-OFO, J.C.A. (Delivering the Leading Judgment)

This appeal came about by reason of the judgment of Hon. Justice R. A. Shiyanbola of the High Court of Osun State sitting at Osogbo, delivered on Monday the 13th of October, 2008.

The writ of summons and statement of claim were issued and filed 24th June, 2002. The plaintiffs who are respondents herein made claim against the defendants jointly and severally as follows:

Whereof the plaintiffs claim against the defendant jointly and severally the sum of N3 Million Naira being general damages for unlawful arrest, detention and malicious prosecution of the plaintiffs for trumped-up charges vide charge nos. MFP/10C/2001:

Commissioner of Police vs. (1) Lasisi Akanmu (2) Raufu Omobosoye and (3) Muraina Ajao at the instance of the defendants at the Nigeria Police Station, Osogbo and Magistrates Court Ifon respectively between 16/6/2000 – 30/4/2002.

The defendants on their part counter-claimed as follows against the plaintiffs jointly and severally:

i. Declaration of title in favour of the 2nd defendant to the three plots of land at Alapupu village via Ilobu, more particularly described in Land Agreement dated 13/4/78 and survey plan dated 30/12/97.

ii. The sum of N6 Million as general damages for the plaintiffs’ serious (sic) of acts continuous trespass on the 2nd defendant’s piece of land at Alapupu village via Ilobu since about 4/5/2000.

iii. Perpetual injunction restraining the plaintiffs or any of their agents, servants and privies from further trespassing on the 2nd defendant said land at Alapupu village via Ilobu.

In the course of hearing two witnesses, Alfa Hassan Oni Osun alias KEBE as (DW1) and Bakare Adeyemi alias ATURA as (DW2) testified in the case for the defendant. Each of the three plaintiffs testified on their own behalf. At the end of hearing learned counsel on both sides filed and exchanged written addresses. The learned trial Judge in a considered judgment delivered, on Monday 13th of October, 2008 went on to dismiss the main claim of the plaintiffs/respondents as well as the counter-claim of the 2nd defendant/appellant.

Aggrieved by the judgment of the trial court, the 2nd defendant/counter-claimant/appellant has appealed to this court vide her Notice of Appeal containing two grounds of appeal and dated and filed 12th January, 2009.

In compliance with the rules of this court, learned counsel on both sides filed and exchanged their respective briefs of argument. The appellant’s brief of argument dated and filed 11th September, 2009 and their reply brief dated and filed 19th January, 2010 but deemed proper before the court on 21st April, 2010 were both settled by AWONIYI ALABI, ESQ. On the other part the respondents’ brief of argument dated and filed 14th October, 2009 was settled by A. AJIBOLA, ESQ.

At the hearing of the appeal on 20th February, 2014, AWONIYI ALABI, ESQ. adopted and relied on their two briefs as their argument in this appeal. He urged the court to allow the appeal and set aside the judgment of the learned trial Judge wherein he dismissed their counter-claim. The respondents’ brief of argument was in turn adopted and relied upon by KUNLE AYEMOYIM, ESQ. as their argument in the appeal. He urged the court to dismiss the appeal with substantial cost.

BACKGROUND STATEMENTS