Ajayi Soyoye V. Aremu Mustapha (2013)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

OBIETONBARA DANIEL-KALIO, J.C.A., (Delivering the Leading Judgment)

This appeal is in respect of a land dispute. It was heard at the trial stage by the High Court of Ogun State. Judgment was delivered by the trial Judge on 28/9/98. It commenced in the High Court in 1992 as Suit No. AB/28/92.

The Plaintiff in the court below who is the Respondent on appeal, sued for himself and on behalf of Ayanbiyi Family. His case as presented in his further amended statement of claim in summary is as follows:

The first settler on the land was Ogunmuyiwa, his ancestor who was a great hunter. Ogunmuyiwa settled his daughter Ayanbiyi on the land.

Ayanbiyi had three children, Victoria Olaitan Moloran, Kamiye and Folami Ogunneye. Kamiye (female) begat Alaba Dewunmi who begat the Plaintiff.

Victoria Olaitan Moloran was apparently a wealthy woman. She demolished an existing structure on the land and built a bungalow there. That was in 1937. Unfortunately, Victoria Olaitan Moloran died without any issue. Before her death however, she gave documents pertaining to her properties to her niece, Alaba Dewunmi, the Plaintiff’s mother.

Ayanbiyi who was settled on the land by Ogunmuyiwa the great hunter had a domestic servant called Adisatu Fawi. Adisatu Fawi had two children Jayeola and Latunde. Latunde begat Deyinka. The Defendant according to the Plaintiff’s account is Deyinka’s nephew.

Alaba Dewunmi the plaintiff’s mother had a close personal relationship with the defendant’s aunt Deyinka, As a result of that relationship, Alaba Dewunmi permitted Deyinka to erect a storey building on the land beside the bungalow built by Victoria Olaitan Moloran, Deyinka during her lifetime rendered account and gave part of the rent collected from tenants in the storey building to the plaintiff’s mother Alaba Dewunmi. When Alaba Dewunmi died, Deyinka continued to give part of the rent collected to the plaintiff who had assumed the position of Head of the family.

Deyinka it was, who put the defendant, her nephew, in the land in dispute. The defendant now claims ownership of the land and has refused to account for the rents collected by him.

The defendant, who is now the Appellant in his amended statement of defence, gave a different narration of the history of the land. Here in summary, is his case.

The land originally belonged to Osholoran who settled on it. Osholoran had a wife, Omolara with whom he had two children Moloran and Jayeola. When Osholoran died, as custom demanded, his brother Sotoyinbo inherited his wife Omolara. Sotoyinbo had a child with Omolara named Latunde. Latunde begat Shittu and Deyinka.

Moloran Osholoran’s daughter by Omolara built a bungalow on the land in 1973. Unfortunately, Moloran died without an issue, Jayeola Osholoran’s other child on the other hand, had six children namely Soyoye the defendants father, Fadele, Bodude, Fawemimo, Farike and Fehintola. Soyoye the defendant’s father apart from the defendant, also had Olu and Ajayi

Moloran’s bungalow was inherited by the children of Jayeola and Latunde. Latunde’s daughter Deyinka who returned from Lagos where she was residing, lived in Moloran’s bungalow and later erected a storey building on the land. Deyinka’s husband took another wife called Alake who also lived in the bungalow with her child Tawat. Deyinka collected rent from the tenants in her house and when she died, the defendant continued to do so.

The Plaintiff and the defendant in the court below gave evidence and each called two other witnesses. At the end of the case, the learned trial Judge Y. A, Adewole concluded thus: