Alhaja Bintu Sunmonu V. Alhaji Bello Ajani Sapo (2001)

LawGlobal-Hub Lead Judgment Report

SUNDAY AKINOLA AKINTAN, J.C.A.

This is an appeal from the judgment of Fatade, J. delivered on 16th May, 1995, at Oshogbo High Court in Osun State. The appellant was the plaintiff at the lower court while the respondent was the defendant. The plaintiff’s claim as set out in paragraph 31 of the statement of claim is as follows:-

(i) A declaration that the plaintiff is the person entitled to a statutory right of occupancy over a piece or parcel of farmland situate, lying and being at Igbo-Ifa area, Ofatedo and verged RED on survey plan No. OS/D/0579/93/001 consisting of an area of approximately 16.135 Hectares and bounded as follows:-

On the Northern side by Jimoh Ashola and Oseni Durojaiye’s landed property;

On the Western side by Madam Pate Alimotu’s landed property;

On the Southern side by Adeleke Asunmo’s landed property

On the Eastern side by Oseni Durojaiye’s land property.

(ii) Ten thousand naira (N10,000.00) as damages for trespass (which trespass still continues) committed by the defendant, his servants, agents and privies.

(iii) Perpetual injunction restraining the defendant, his agents, servants, privies from further trespass on the said parcel of land.

Pleadings were filed and exchanged. The case thereafter, went for trial before the afore-mention learned trial Judge, Fatade, J. At the trial, the appellant, as plaintiff, gave evidence. Six other witnesses also gave evidence in support of the plaintiff’s claim, The respondent, as defendant, also gave evidence and called three other witnesses in support of the case for the defence.

The dispute arose over a parcel of land at Igbo-Ifa in Ofatedo area, of Egbedore Local Government of Osun State. The plaintiff tendered at the trial a survey plan of the land, she was claiming as Exh. P1. Her entire land is edged red on the survey plan. It is 16.135 hectares. But the area alleged to have been trespassed on by the respondent, is edged green on the same survey plan and it is said to be 4.124 hectares. The appellant, as plaintiff, filed a statement of claim and a reply to statement of defence. The respondent filed a statement of defence.

The plaintiff pleaded as follows in paragraph 7 to 17 and 20 to 24 of her statement of claim as follows:

7. The whole land of the plaintiff is bounded as follows:

On the Northern side by Jimoh Ashola & Oseni Durojaiye landed properties.

On the Western side by Madam Pate Alimotu landed property;