Alhaji Buraimo Olagbaju & Anor. V. Fatai Abass (2011)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

CHINWE IYIZOBA, J.C.A.(Delivering the Leading Judgment)

This is an appeal against the judgment of the High court of Osun State holden at Ile-Ife delivered by Babalola J. on the 23rd day of May, 2005. The appellants for themselves and on behalf of Aguro/Arode Olagbaju family sued the defendant (now respondent) claiming the following reliefs

1. A declaration that the defendant is not entitled under native law and custom of Ife to inherit from the real or personal properties of Aguro/Arode Olagbaju in Ife
2. A declaration that the ancestor of the defendant is not entitled under native law and custom of Ife to inherit from either real or personal properties of the plaintiff’s ancestors
3. An order of perpetual injunction restraining the defendant his servants agents and privies from molesting the plaintiffs’ family and tenants from peaceably enjoying the use of their real or personal properties inherited by the plaintiff from their ancestors.

Parties filed and exchange pleadings. The defendant/respondent pursuant to an order of the trial court dated 19/1/2005 filed an amended statement of defence and counter-claim seeking the following reliefs: –

a. Arode Arewa is the bona fide owner of Ayo Arode farm land and that under the native law and custom of Ife the defendant as one of the great grandson of him can inherit his real and personal property belonging to him.

The boundaries of this farm land called Ayo Arode are:

1st side by Ogbon Oye compound at Oniyele River.

2nd side by Abewale compound at Ayer River

3rd side by Alapadi compound at Alapadi River

4th side by Akilo compound at Omidi River

b. Forfeiture of the two cocoa farmland belonging to the 1st and 2nd plaintiffs that is at Avo-Arode.

c. (N50, 000) Fifty thousand naira only general damages for all the troubles and vexatious litigations brought by the plaintiffs in four customary courts within the Ife central and South Local Government of Osun State of Nigeria against the defendant during the past three years.

d. Perpetual injunction against the plaintiffs, their agents, successors in title from claiming any part of Chief Arode Arewa farmland in Ife and it’s environ.

e. Perpetual injunction against the 1st plaintiff Alhaji Buraimo Olagbaju from parading himself as Baale of Ayo-Arode in Ife Division.

The brief facts of the case are that the Appellants and the Respondent are blood relations. They claim common ancestry through Aguro Olagbaju of Ile-Ife their great grandfather. While the Appellants claim direct paternal ancestry from Aguro Ofugbaju, the Respondent claims maternal ancestry through the same Aguro Olagbaju. The case of the Appellants is that the farm land at Aye-Arode belonged to their ancestor Aguro Olagbaju who had nine children in his life time. That upon his demise, the farmland devolved on his children and later the grand children. It was the contention of the Appellants that the Respondent being related to them through his mother could not inherit the land with them. The Respondent on the other hand claims that the farmland originally belonged to Prince Ajagun Ademiliju the then Ooni of Ife who granted it to Arode Arewa his brother-in-law through marriage to Seeke his sister. Arode Arewa and Seeke gave birth to Ijijiogu who married one David Olowosehunre. They both gave birth to Suberu Adeyemi Olowosehunre who was the Defendant/ Respondents father. The defendant claims that he had over the year’s successfully maintained legal action for trespass over the land.