Alhaji Karimu Oke Yesufu & Ors V. Oke Baale (Osogbo) N. U. T. Co-operative Investment And Credit Society Limited & Anor (2014)
LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL
CORDELIA IFEOMA JOMBO-OFO J.C.A. (Delivering the Leading Judgment)
This is an appeal against the judgment of Hon. Justice G. O. Ojo of the High Court of Osun State sitting at Osogbo and delivered 2nd November, 2012 dismissing in its entirety the claims of the claimants herein the appellants. The claimants claimed against the defendants herein the respondents in a representative capacity for title to Alakimo Family land as shown in the dispute survey plan admitted in evidence at the trial court as Exhibit A as well as damages for trespass and injunction.
On 28th September, 2011 the claimants, pursuant to the order of the trial court granted them on 14th June, 2011, filed an amended statement of claim. See pages 93-99 of the record. The statement of defence of the 1st defendant is at pages 52-54 of the record. The 2nd defendant did not file a defence or enter appearance in this matter.
The gist of this case is that the appellants are claiming ownership of the land herein in dispute. The land forms part of a larger tract of land settled upon by one Tinuola, the founder of the appellants’ family at Oshogbo, Osun State. A survey of the entire land delineating the portion in dispute is as shown on a dispute Survey Plan and marked as Exhibit A is contained on page 108 of the record.
The appellants are claiming that Tinuola invited one Laisi Oshun a farmer/labourer to come and live on the disputed portion for the duration of his stay in Oshogbo or for the duration of his life whichever is earlier.
The respondents on their side are claiming that the land in dispute belonged to one Aboderin who inherited same from Tinuola his father and that it was Aboderin who gave the disputed portion free of charge to Laisi Oshun his friend.
The appellants and the respondents are in agreement that Tinuola settled on the land in dispute. They are also in agreement that at a point in history Laisi Oshun came on the land. However, both sides do not seem to agree on who Laisi Oshun’s grantor was and the nature and terms of the grant.
Having lost their claims at the trial court, the claimants/appellants filed their notice of appeal dated and filed 23rd January, 2013 containing six grounds of appeal.
The appellants in compliance with the rules of this court on 20th March, 2013 filed their brief of argument dated March, 2013. They also filed a reply brief dated and filed 12th June, 2013. Both briefs were settled by ‘DAYO ADEBAYO ESQ. The respondents, brief which was settled by M. O. AGBOOLA, ESQ. was dated and filed 9th May, 2013.
At the hearing of the appeal on 12th November, 2013, IDOWU AKINLOYE ESQ. with the brief of ‘DAYO ADEBAYO ESQ. for the appellants adopted the two briefs as their argument in this appeal. He urged the court to allow the appeal and set aside the judgment of the trial court. M. O. AGBOOLA, ESQ. on their part adopted and relied on the respondents’ brief as their argument in the appeal. He urged the court to dismiss the appeal just as the lower court dismissed the case.
The appellants posited the following three issues for determination of the appeal and the issues read:
- Whether the learned trial judge can fragment the traditional histories presented to him by the parties and accept or reject some of its component elements?
- Whether from the pleadings and evidence adduced the learned trial judge evaluated the evidence and drew proper inferences and conclusion in dismissing all the claims of the appellants?
- Is the maxim Nemodat quod non habet applicable to the facts of this case and if so could the trial judge have held that the respondent has validly acquired title to the disputed premises?
On the side of the respondents, learned counsel on their behalf formulated a lone issue which according to him encompasses the three issues as formulated by the appellants’ counsel. The lone issue reads:
Whether the lower court was right in holding that the appellants as plaintiffs have failed to prove their title to the land and dismissing their case?
The learned counsel for the respondents outlined the grounds of appeal in relation to the lone issue thus:
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