Akanji Somorin & Ors V. Oba Nurudeen Adekanbi & Ors (2011)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

JOSEPH SHAGBAOR IKYEGH, J.C.A (Delivered the Leading Judgment)

The appeal came from a decision of the High Court of Justice of Ogun State, in the Otta Judicial Division, holden at Otta, setting aside the certificate of occupancy issued to one Chief E.S.B. Wilkey, the 1st defendant in the court below, in respect of a parcel of land located at Isheri Oke-Church in Ogun State, and awarding general damages of N15,000 to the Olofin Chieftaincy family and N25,000 to the 4th-5th respondents of the Kudoro family together with an order of perpetual injunction against appellants restraining them from committing further/future acts of trespass in respect of the disputed piece of land.

In summary, both disputants based their respective title to the land in dispute on traditional history or inheritance with the appellants’ also placing reliance on acts of ownership over the said land; it was alleged on the issue of trespass that about 1969 appellants had sold the area of land allegedly trespassed upon in 1985 to the 1st defendant, one Chief E.S.B Wilkey; upon the close of evidence for both parties, and the taking of oral addresses from their respective, learned Counsel, the court below resolved the dispute in favour of the respondent, holding in the main that the appellants did not proffer evidence of traditional history to counter the respondents’ traditional evidence of ownership of the disputed parcel of land.

The original notice of appeal containing two grounds of appeal questioning the decision of the court below was filed on 7.9.94. It was subsequently amended with three additional grounds of appeal. Four issues were distilled from the further amended notice of appeal by appellants’ learned counsel, Alhaji G.K. Quadri Esquire, in the laborious 1st further amended brief of argument deemed duly filed on 6.5.08, as follows:

“ISSUE ONE

“Whether the Respondents proved the customary tenancy of the Kudoro family claiming ownership of the land in dispute.

GROUND 1 – ORIGINAL AMENDED GROUND

GROUND 9 – ADDITIONAL GROUND

ISSUE TWO

“Whether the Respondents by evidence of traditional history have proved TITLE and POSSESSION in respect of the Land claimed as laid down in IDUNDUN V. OKUMAGBA (1976) 9-10 S.C. 227.

GROUND 2 ORIGINAL AMENDED GROUND

GROUND: 4,5,6,7 & 8 ADDITIONAL GROUNDS

ISSUE THREE

“Whether the Award of General Damages was not wrong upon the settled principles of Law.