Alhaji Alimi Olajire Obisesan & Ors V. Chief Niyi Akintola & Ors (2014)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

ALI ABUBAKAR BABANDI GUMEL, J.C.A. (Delivering the Leading Judgment)

This is an appeal against the judgment of Oyo State High Court in suit No. 1/986/2000 delivered by Abimbola, J. on 3rd February, 2009.

The within named Appellants were the claimants at the Court below.

In a representative action on behalf of themselves and other members of Aperin Obisesan Family they sought for the following reliefs against the 2 sets of Respondents herein, as Defendants. The reliefs were, according to paragraph 73 of the amended statement of claim and survey plan dated 14/01/2003 but filed on 21-01-2003, thus:-

“(i) A declaration of title to a Customary Right of Occupancy over all that large parcel of farmland situate on Araromi-Aperin road in the Osun/Erinpa area of OnaAra Local Government area in the non-urban area Ibadan as shown verged Red on survey plan No. LAY/0003/2000 attached and filed with the statement of claim.

(ii) A declaration that the 1st defendant representing Oyetola family is according to the Ibadan customary law a tenant of the plaintiffs on the portion verged purple on plan LAY/F/D005/94 including the building plot hatched black and marked “Akintola Oyetola” on plan No. LAY/D/D00a5/94 showing Fawande Aperin village.

(iii) A declaration that the 2nd-5th defendants representing Ojewande family are tenants of the plaintiffs according to Ibadan Customary Law on the five small piece of farmland verged, yellow and marked “A”, ‘B’ ‘C’, ‘D’ and ‘E’ on survey plan No. LAY/D003/2000 inclusive of the plot and building at Fawande Aperin marked Yellow on plan No. LAY/D/D005/94 all shown on survey plan No. LAY/A/D005/94, LAY/B/D005/94, LAY/C/D005/94, LAY/D/D005/94 and LAY/E/D005/94 and thereon verged RED.

(iv) An order of forfeiture of the defendants Customary Tenancies over all the pieces of parcels of farmland including the building or homestead or any structure whatsoever at Fawande Aperin village.

(v) An order granting possession of the pieces or parcels of farmland in dispute including the plots over which the defendants have erected structures at Fawande Aperin Village to the plaintiff.

(vi) The plaintiff claim arrears of Ishakole as follows:

(a) The sum of N4.00 only per annum against the 1st defendant being arrears of Ishakole from January, 1985 up to the date of judgment and

(b) The sum of N4.00 only per annum against the 2nd-5th defendants being arrears of Ishakole from January, 1985 up to the date of judgment and

(vii) An order of perpetual injunction restraining all the defendants, their servants, agents, privies or any person or group of persons claiming through or under them from further entering into any of the pieces or parcels of farmland and or building plots and from entering or parading themselves for any purpose whatsoever at Fawande Aperin village.”

The Respondents denied the claim and challenged all the material averments in the claim of the Appellants. Further to the denial of the claim, they also counter claimed as follows:-