Alhaji (Chief) Raimi Aloyinlapa & Ors V. Prince Fatai Oyetunji & 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 the Oyo State High Court, Saki Judicial Division delivered on 2nd July in suit No. HSK/45/08. delivered on 2nd July, 2012 in suit No. HSK/45/08.

The 5th and 6th Respondents herein were the plaintiffs at the Court below. In a further amended statement of claim dated 6th January 2011 but filed on 7th January, 2011, they sought for the following reliefs against the Appellants herein, as the Defendants. The reliefs are:-

“1. The sum of N500,000 (Five Hundred Thousand Naira) being damages for the act of trespass by the Defendants, their servants/agents when the Defendants unlawfully entered the plaintiffs land which is in exclusive possession of the plaintiffs and destroyed the plaintiffs’ cash crop (Mangoes, Oranges, Cashew and palm Trees) planted on the land in dispute.

2. An order of perpetual injunction of restraining the Defendants, whether by themselves, agents, and/or privies from continuing further trespass on the land in dispute.”

In a further amended statement of defence and counter-claim, the Appellants/Defendants/counter claimants joined issues with the 5th and 6th Respondents and denied all the material averments in the claim and counter claimed thus:-

“i DECLARATION that the Defendants/Counter-Claimants, family are entitled to a Statutory Right of Occupancy over that parcel of farmland situate and lying at along Yemere/Ilesha Ibariba Road, Saki otherwise known to the plaintiffs/Defendants as “Ajuba Farm”, which portion is verged green in the survey drawn by y. Badmus, Registered Surveyor dated 19th day of March, 2010.

ii. DECLARATION that the Certificate of Occupancy granted in favour of the Plaintiffs/Defendants to Counter Claim is unlawful, irregular and null and void.

iii. An Order of perpetual Injunction restraining the Plaintiffs/Defendants from continuing further acts of trespass on the land in dispute.

iv. A sum of N20 million being general damages for the Plaintiffs/Defendants for acts of trespass on the Defendants/Counter-Claimant’s land.”

Issues now having been duly joined and the matter ready for trial, the 1st to 4th Respondents herein filed an application on 31-01-12 seeking for an order to be joined as 3rd, 4th, 5th and 6th claimants in the suit. It was brought pursuant to Order 13 rule 1 of the Oyo State High Court Civil Procedure Rules, 2010 (hereinafter simply referred to as Rules of the High Court).

It is supported by a 20 paragraph affidavit deposed to by Alhaji Abdul Rahman Daodu, the 2nd respondent herein. The Defendants/Appellants, as Respondents to the application for joinder filed a counter affidavit of 21 paragraphs. Both parties filed and exchanged copious written addresses. At the hearing of the motion for joinder, the filed written addresses for and against it were adopted and relied on by respective learned counsel on behalf of the parties thus:-

In its ruling on the application, the lower court remarked and held “From the state of the pleadings, it is clear to me that the applicants have more than a passing interest in the land in dispute. If not joined the applicants would be guilty of standing-by. To shut them out would only lead to multiplicity of suits. It is better to establish if the defendants/Respondents are the absolute owners of the land in dispute or customary tenants of the applicants.

There is no way the applicants would not be affected by the result of the counter-claim. It appears to me therefore that the joinder of the applicants is not only desirable but necessary so as to effectually and effectively settle all the issues involved once and for all.

Considering the facts and circumstances of this case, it is my view that the interest of the applicants will be jeopardized if they are not joined as co-claimants to contest the counter-claim of the defendants/Respondents. There is no conflict between the claims of the claimants and the party seeking to be joined. In their process they affirm the overlordship of the applicants and that the grant was made to them by the defendants with the involvement of the late Okere of Saki.