Alhaji Fatai Abayomi Giwa V. Ajayi Ojuromi & Anor. (2011)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

ADAMU JAURO, J.C.A: (Delivering the Leading Judgment)

This is an appeal against the judgment of the High Court of Lagos State in Suit No.ID/3344/95 delivered by Hon. Justice Olateru Olagbegi on 24th April, 2006.

The brief facts of the case are as follows: The appellant as claimant instituted an action against the respondents in the court below and claimed the following reliefs per his writ of summons, namely:

“(1) A declaration that the Plaintiff is entitled to apply for a statutory right of occupancy in respect of piece and parcel of land situate at No 17, Adegbite Street, Odi-Olowo Mushin, Lagos which is covered by a Deed of Assignment as No. 69 at page 69 in volume 1946 at the Lands Registry Lagos.

(2) An order of perpetual injunction restraining the Defendants, their servants, agents, privies from erecting thereon any structure or building or continuing with the construction of any structure on the aforesaid land.

(3) An order of immediate possession of the said land in favour of the Plaintiff”

The hearing commenced in earnest with the appellant calling two witnesses while the respondent called three witnesses. Both parties tendered documentary exhibits. Upon the conclusion of hearing written addresses were ordered, filed and exchanged. The respondents as defendants adopted their written address on 7th March, 2006, while that of the appellant as claimant was deemed adopted that same day. In its judgment delivered on the 24th April 2006 the trial court dismissed the claims of the claimant/appellant against the defendant/respondent. Dissatisfied by the said decision, the claimant appealed against same vide a notice of appeal dated 20th July, 2006 and filed 21st July, 2006 anchored on four grounds of appeal. The four grounds of appeal with their detailed particulars are hereby reproduced in verbatim, as further reference will be made to them in the course of this judgment.

GROUND ONE

The learned trial judge erred in law when at page 7 of his judgment held:

“Where there has been an admission of title of the grantor or vendor, it will suffice if the plaintiff pleads the document of grant or sole and produces it at the trial where, however, title is denied, then the onus is on the plaintiff to plead and prove the origin of the title of his grantor/vendor.

In this case issue is joined on the title of the claimant’s predecessors. In circumstances like this therefore, once a party pleads and traces the root of his title to particular person or family, that party, in order to succeed, must establish how that person or family derived his or its title to such land. In other words, that party must not only plead and establish his title to the land, he must plead and prove the title of the person from whom he derived his alleged ownership of the land in dispute”.

WHEN

(a) The decision of the court below, with the greatest respect, is contrary to Olatunji vs. Adisa (1995) 2 NWLR (Pt.376) at Pg 183 Para D – E where Onu JSC as follows:

“The Court held in Dosunmu vs. Joto (1987) 4 NWLR (Pt. 65) 297 at 312 that when a Plaintiff proves a conveyance as his root of title, he does not need to go beyond his vendor and then proceed to prove the vendor’s root of title as well unless an issue in the case…”