Akanbi Agbeje & Ors. V. Chief Agba Akin Joshua Ajibola & Ors (2002)

LAWGLOBAL HUB Lead Judgment Report

I. IGUH, J.S.C.

This land case was initiated at the Upper Area court, Omu-Aran. In that court, the plaintiffs, for themselves and as representing the Idofin Odo-Ase community, claimed against the defendants, as representatives of Irodo family in Idofin Odo-Ase, as follows:

“(i) A declaration that the plaintiffs are, according to native law and custom, owners of pieces of farmlands known and called Obani land, Omipa land, Olojola land, Okingo land and Igbo-Irodo land respectively in Idofin Odo- Ase in Irepodun Local Government Area of Kwara State and the said lands are to be set out in plans to be filed later.

(ii) A declaration that the defendants as customary tenants of the plaintiffs have forfeited their rights and interest to enter and farm in the said pieces of farmlands in that they have claimed to be the owners thereof.

(iii) Injunction restraining the defendants from further trespassing on the plaintiffs’ lands described above.”

At the subsequent trial, both parties testified on their own behalf and called witnesses. Although the reliefs claimed were in respect of five distinct pieces or parcels of land, the defendants in the course of the trial conceded to the plaintiffs’ claim to ownership in respect of four of the five pieces of land claimed. These four pieces of land comprised Obani land, Omipa land, Olojola land and Okingo land. The plaintiffs’ claims in respect of the remaining one parcel of land called Igbo Iredo land, otherwise also referred to as Igbolodo or Igborodo land, were resisted by the defendants who asserted their ownership thereto by virtue of first settlement on the part of their ancestors. The plaintiffs, for their part, also claimed that their forefathers were the original founders of the land and that as owners thereof they settled the defendants who are strangers in Odofin on the land. It was the plaintiffs’ case that the ownership of the land in dispute was vested in them by devolution from their ancestors who were the original founders thereof. They emphasised that the defendants were mere strangers in Odofin and could not therefore lay any claim to the land in dispute.

In the course of the proceedings, both parties tendered their survey plans of the land in dispute and the trial court conducted an inspection of the locus in quo. At the conclusion of hearing, the trial court after a meticulous and painstaking review of the entire evidence placed before it found for the plaintiffs. Said the Upper Area Court:

“From the evidence before us, the following points are indisputably clear, that:-

1. There are four towns that comprise Idofin

(a) Idofin Ayekale (b) Idofin Ehin Afo (c) Idofin Odo-Aga and (d) Idofin Igbana.

2. Idofin Ayekale, Idofin Ehin Afo and Idofin Odo-aga are known and called Idofin Odo- Ase having a common Oba.
3. The Irodo family (defendants) are not true sons and daughters of Idofin Odo-Ase neither do they belong to Idofin Igbana. They have never held any chieftaincy title of Egungun chief. They are strangers in Odo-Ase though they pay taxes there.
4. The PW1’s ancestors are of Tapa (Nupe) origin from Lafiagi side. They are warriors and the 3rd defendant conceded to that fact.”

It went on:-

“We therefore have no reason to doubt the fact the plaintiffs’ forefathers did settle the defendants’ forefathers on the disputed Igbolodo or Igborodo land.”

It concluded:-

“On the preponderance of evidence before us, we are of the opinion that the account of the plaintiffs as to the ownership of the disputed land is more reliable than that of the defendants and in the final analysis the plaintiffs claim succeeds with the following orders.

1. The Igbolodo or Igborodo land is hereby awarded to the plaintiffs in its entirety.
2. The Omipa, Olojola, Okingo and Obami lands, though not disputed by the defendants, are similarly awarded to the plaintiffs.
3. As to the forefeiture of rights to enter and farm on above land by the defendants, we, decline to make any order in that they are doing them for their living.

We however observe that even though the defendants were strangers, they have been assimilated into Idofin community and they, in one word, are natives of Idofin. We therefore feel that nothing should be allowed to disturb the peaceful co-existence of both parties in Idofin community. The defendants should continue to enjoy their right of existence and means of living in Idofin. Any aggrieved party may appeal to the High Court of Justice, Omu-Aran within thirty (30) days from today.”