Alh. Ganiyu Akande V. Adepoju Odunewu & Ors (2015)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

NONYEREM OKORONKWO, J.C.A. (Delivering the Leading Judgment)

The appeal herein, arose from the judgment of the Oyo State High Court delivered on 14th April, 2003 whereby declaration of title to the land in dispute and ancillary reliefs were granted in favour of the respondent against the appellants.

The facts of the case as could be gleaned from the pleadings and evidence of the respondent were as follows:-

Sometime in 1977, the respondent was introduced to the 1st, 2nd and 3rd appellants by PW1 as a family who wanted to sell their land at Odunewu village along Ologun-Eru Road, Yankuna Road, Eleiyele Ibadan and desired the respondent to purchase the land.

The respondents agreed. When the family as represented by 1st, 2nd and 3rd respondents and defendant met with the respondents and a price of N10,000 was agreed upon for the five acres of land offered for sale. The respondent engaged a lawyer who prepared a deed of sale.

The respondent and the appellants executed the agreement Exhibit PB in the office of the lawyer Barrister R. A. Ogunwole and in the presence of witnesses namely PW2 and PW3. Respondent then took possession of the land and farmed on part thereof through PW3.

Sometime later, the respondent discovered that his vendors, the appellants had sold some portions of the land to a stranger. Respondent reported appellants to the police who arrested appellants but granted them bail. Appellants disappeared thereafter from their village. Respondent as plaintiff then sued the appellants at the High Court at Ibadan.

Because appellants were evading service of the writs, at the instance of the respondent, the court made an order for the processes to be served by pasting on the walls of the appellants’ house in their village Odunewu. Upon service of the writs as prescribed, the appellants namely (1) Adepoju Ishola Odunewu (2) Basiru Ajagbe Odunewu and Madam Adeoti Odunewu, through their lawyer Yemi Ajayi Esq., entered appearance to the suit and subsequently filed a statement of defence through the same Yemi Ajayi of counsel.

The same Yemi Ajayi filed and argued on behalf of the 1st – 3rd defendants a notice of Preliminary Objection to the competence of the suit which was heard and dismissed. At the hearing of the suit, a lawyer, Adeleke Bakare appeared for the defendants and cross examined the witnesses for the respondent.

At the conclusion of the evidence, the trial judge believed and accepted the evidence of the respondent and his witnesses and decreed declaration of title in favour of the respondent on 14th April, 2003.

The appellants being dissatisfied filed a notice of appeal dated 7/7/05 and filed 12/7/05 whereby the following sole ground of appeal was filed to wit;

GROUNDS OF APPEAL:

The learned trial judge lacks jurisdiction to entertain the suit.

PARTICULARS OF ERRORS: