Alhaji Habib Oyede V. Kamoru Olusesi & Ors. (2005)

LawGlobal-Hub Lead Judgment Report

IBIYEYE, J.C.A.

In suit No. HCT/229/94 filed in the Otta Judicial Division of Ogun State High Court of Justice, the plaintiff in a representative capacity instituted an action jointly and severally against the three defendants.

The parties to this action filed and exchanged pleadings, which were amended several times over. In the eventual amended statement of claim, the plaintiff in paragraph 35 of that pleading severally and jointly claimed the following reliefs against the defendants:

“(1) An order that the partition carried out by the late A. B. Apatira as embodied in survey plan Nos. AB 872 and A/B/OG dated 6th June, 1983, partitioning the land into parcels of ‘A’ and ‘B’ for the Oyede and Ajayi-Ekun branches of Adelu family is in conformity with –

(i) High Court judgment of 4th June, 1979, in suit No. HCL/22/78.

(ii) High Court judgment of 6th July, 1981, in suit No. HCL/38/79.

(iii) High Court ruling of 15th April, 1985, in suit No. HCL/27/84.

(iv) Court of Appeal judgment of 20th March, 1986, in suit No. CA/I/92/84.

(2) A declaration that the plaintiff for himself as head and representative of Oyede family are the persons entitled to the customary/statutory right of occupation (sic) of all that piece or parcel of land situate, lying and being the area of land marked ‘A’ on Survey Plan Nos. AB 872 & A/B/OG dated 6th June, 1983, drawn by licensed surveyor late A. B. Apatira and covered by the judgments and ruling of the following courts:

(i) High Court judgment of 4th June, 1979, suit No.HCL/22/78.

(ii) High Court judgment of 6th July, 1981, in suit No. HCL/38/79.

(iii) High Court ruling of 15th April, 1985, in suit No. HCL/27/84.

(iv) Court of Appeal judgment of 20th March, 1986 in suit No. CA/I/92/84.

(3) The sum of five hundred Naira (N500.00) as damages for trespass committed by the said defendants, their servants, agents and/or privies on the said land.