Alhaji H. A. Ogiren V. Mrs. Amzat Olufunmilayo & Ors (2015)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

JAMES SHEHU ABIRIYI, J.C.A. (Delivering the Leading Judgment)

This is an appeal against the judgment of the Ondo State High Court sitting at Ondo delivered on the 3rd August 2011.

In the Lower Court, the Respondents were the Plaintiffs and the Appellant was the 2nd Defendant.

The claim of the Respondents as contained in their Amended Statement of Claim was for the following:

(a) Declaration that the plaintiffs’ family are the person(s) entitled to Statutory Right of Occupancy of all that piece or parcel of land situate, lying and being at Orita Ojo, Ota Gbelure Quarters, along Ondo/Ore Road, Odigbo. The identity of the land is well known to the parties.

(b) N100,000,000.00 (One hundred million naira) being general damages suffered by the Plaintiffs when sometimes in the year 2007 without the consent and authority of the Plaintiffs the Defendants went unto their family land at Orita Ojo, Ota Gbelure Quarters along Ondo/Ore Road, Odigbo leased same out and constructed BTS station thereon.

(c) Perpetual injunction restraining the defendants, their agents servants, privies, representatives or anybody, company/ies claiming through and/or under them from committing further acts of trespass on the said land.

On his part, the Appellant by an Amended statement of Defence and Counterclaim amended on 1st June 2011 pursuant to an order of the Lower Court counterclaimed for the following:

(a) A declaration that the 2nd Defendant/Counter-claimant is the better person to be entitled to a Certificate of Occupancy of all that piece or parcel of land measuring 100ft x 100ft approximately 795.31sq. metres, lying, being and situate at along Ondo/Ore Road, Orita Yarabomo via ORE in Odigbo L.G.A. of Ondo State. The Land is will (sic) know (sic) to both parties.

(b) Two Hundred Million Naira being general damages for the trespass committed by the Plaintiffs and Mrs Bosede Osunkiyeisi by themselves and their agents when they disturbed and destroyed the 2nd defendant tenants development and his crops on said the (sic) land.

(c) Perpetual injunction restraining the plaintiffs and Mrs Bosede Osunkiyesi, whether by themselves or by their agents servants, privies or anybody claiming through them from further trespass on the said land in dispute.

The facts of the case are simple and short. The Respondents are siblings – children of Late Edwin Akinsiku Osunkiyesi who was the owner of the land in dispute before his death as shown by Exhibits A1 and A2. The land measures about 100ft x 100ft. The father of the Respondents bought the land from Olalekan Balogun. But the family of Famaiye later said it was family land. So the father of the Respondents had to re-purchase it from the family.

The Respondents took over the land after the death of their father in 1993.

In 2007, the 1st Defendant started trespassing on the land.