Alhaji Abdulrahman Akanbi V. Mallam Wasiu Salawu & Anor (2003)

LAWGLOBAL HUB Lead Judgment Report

O. UWAIFO, J.S.C.

This is an appeal from a judgment of the Court of Appeal, Kaduna Division. The subject-matter is land in Arugbo village in Ifelodun Local Government Area of Kwara State. The plaintiff, now appellant, for himself and on behalf of Ogboye family of Idofian, claiming the ownership of Arugbo land, sought six reliefs against the defendants, now respondents as follows:

“(a) That Ogboye family of Idofian are entitled to customary certificate of occupancy over the unoccupied land at Arugbo.

(b) That Ogboye family of Idofian are the family entitled to receive compensation over the acquired land by Kwara Breweries (Nig.) Ltd.

(c) An order that Kwara Breweries Nig. Ltd. should pay to the plaintiff compensation payable on Ogboye family land at Arugbo village Idofian.

(d) That Ogboye family of Idofian is entitled to harvest the economic trees on the land at Arugbo village in accordance with the age long tradition of Idofian.

(e) That Ogboye family land at Arugbo traditionally extends to Odo Yinde where they have boundary with Omupo, Ododo land near Igberi and river Odomu in Okanle village and lower river Odomu in Elerinjare.

(f) That the Arugbo people having refused to pay annual tribute to Ogboye family and having denied the overlordship of the Ogboye family of Idofian have forfeited their tenancy and should vacate the land forthwith.”

On 12 November, 1993, Orilonise, J., sitting in the High Court, Ilorin in a considered judgment found for the plaintiff inter alia:

“I am satisfied that by denying his landlord’s title to the land in dispute which was granted to his ancestors for farming purposes, the 1st defendant has committed serious breaches of customary tenancy entitling him under customary law to forfeiture of his holding…..

The 1st defendant has no choice than (sic) to either acknowledge the title of the plaintiff’s family to Arugbo land and obtain that family’s consent to remain on the land or vacate it if himself and his people are not prepared to continue to pay Ishakole to the Ogboye family…

The plaintiff’s claims succeed and on the preponderance of evidence and upon balancing the probabilities of this case he is granted all the reliefs sought against the defendants.”

The 1st defendant appealed to the Court of Appeal and raised five issues for determination of the appeal, two of which were, in my view, central to the case presented to the trial court. They were:

“(a) Whether in view of the pleading and evidence led the trial court was right in its conclusion that the plaintiff/respondent proved his claim to customary ownership of Arugbo.