Alh. Issa Onisese V. Reverend Oyeleye (2007)

LawGlobal-Hub Lead Judgment Report

IGNATIUS IGWE AGUBE J.C.A.

At the High Court of Justice Ilorin, on behalf of Alao Gambari Gurumoh family the plaintiff/Appellant by his writ of summons dated the 17th day of March, 1999 and filed on the 18th March, 1999 together with his Amended Statement of claim filed on the 29th day of November, 1999 claimed as follows from the Defendant/Respondent: –

“(a). A declaration that the plaintiff’s family (Alhaji Gambari Guramoh) is the Customary owner of the parcel of land measuring thirty plots situate, lying and being at Kulende near Niger River Basin Ilorin to the exclusion of the Defendant or any other person(s).

“(b). A declaration that the purported sale of part(s) of the said land by Madam Ode Alao Gurumoh to the defendant (if any) is null and void and of no effect whatsoever.

“(c). A perpetual injunction restraining the defendant, his agents, servants privies or any other person(s) deriving authority from him from commission of further acts) of trespass on the plaintiff’s family land.”

Pleadings were exchanged with the Defendant also granted leave by the lower Court to amend his statement of Defence, which he filed in the amended form on the 24th day of March 2000. At the close of pleadings, the plaintiff testified as PW.1 and called two witnesses as PW. 2 and PW.3 respectively while the Defendant testified as DW.1 and called a witness DW. 2.

At the close of the parties case the learned trial judge held as follows at page 127 of the Record of proceedings: –

“On the whole, having regards to the totality of the foregoing this suit is bound to be dismissed on three fronts namely: that it is statute barred; that the area of the land being claimed by the plaintiff is not certain and that the plaintiff on the evidence before me has not proved his case which is anchored on traditional evidence to be entitled to the reliefs claimed. Therefore the claim of Alhaji Isan Onisese for and on behalf of Alao Gambari Gurumoh family against the defendant fail (sic) and is hereby dismissed.”

Piqued by the above judgment, of the learned trial judge, the plaintiff filed three Original grounds of Appeal in the Lower Court and with leave of this Honourable Court filed three Additional Grounds by an Application on Notice dated and filed on the 15th day of February, 2006. Devoid of the particulars I dare reproduce the said Grounds of Appeal, which are couched in the following terms: –

“GROUND 1: The trial High Court of justice erred in Law by applying the provisions of Limitation Law (Cap.89) Laws of Kwara State, 1994.”

“GROUND 2: The Honourable trial Court misdirected itself and erred when it held that: – “The evidence of the plaintiff is devoid of graphic description of the (sic) being claimed.”

“GROUND 3: The learned trial Judge misdirected himself by failing to make finding on the piece of evidence before him, given by PW.2 “Adijat Ajibola that the entire family did not rise to challenge the defendant but the plaintiff engineered the Suit”.

“GROUND 4: The learned trial Judge erred in law when he failed to sufficiently find and evaluate the evidential value of Exhibit C duly admitted by the Honourable trial Court.

“GROUND 5: The Honourable Court misdirected itself in law when it held that the plaintiff cannot take advantage of the common Grounds admitted by the parties.