Alhaji Lamidi Ladimeji & Anor V. Suara Salami & Ors (1998)

LAWGLOBAL HUB Lead Judgment Report

OGUNDARE, J .S.C.

By paragraph 24 of their further amended statement of claim the plaintiffs (who are respondents in this appeal) sued the defendants (now appellants) claiming-

“(a) the sum of N1,000 being damages for trespass committed by the defendants on the parcel of land situate and being at Alagbede Compound Gege Area Ibadan belonging to the plaintiffs’ family and in their effective possession, when sometime in February 1980 the defendants trespassed on the said land and thereon erected a wall fence to enclose the blacksmith workshop of the plaintiff family.

(b) Injunction restraining the defendants, his servants or agents from committing further acts of trespass on the land.”

Pleadings having been filed, exchanged and, with leave of the trial High Court amended, the case proceeded to trial on the plaintiffs’ further amended statement of claim and the defendants’ amended statement of defence. At the conclusion of trial and after addresses by learned counsel for the parties, the learned trial Judge, in a considered judgment, found the defendants liable and awarded to the plaintiffs N300.00(Three Hundred Naira) damages for trespass and injunction restraining the defendants, their servants or agents from committing further trespass on the land in dispute” hatched green and marked “BLACKSMITH SHED” in Plan No. F MAK/159/80 dated 9th August,. 1980drawn by M.A. Koiki, licensed surveyor and tendered as Exhibit ‘P1′ in this case.”

Being dissatisfied, the defendants appealed unsuccessfully to the Court of Appeal which court affirmed the findings and judgment of the trial court. They have further appealed to this court on two grounds of appeal which I need not set out in this judgment.

Pursuant to the rules of this court, written briefs of argument were filed and exchanged by the parties. At the subsequent oral hearing of the appeal, the plaintiffs and their counsel were absent. The appeal. pursuant to Order 6 rule 8(6), was taken as argued on the briefs already filed.

The facts are rather simple enough. Both in their pleadings and evidence, the plaintiffs claimed that their ancestor. One Adamo Alagbede settled on a large tract of land (which includes the land in dispute) following a grant of the same to him by Iba Oluyole the overlord of all the land in the area. Adamo built on the land. On Adamo’s death the land granted him by Iba Oluyole was inherited by his descendants who exercised acts of ownership on it without let or hindrance. Adamo in his lifetime lodged one Adukanle in one of the houses built on the land.

After Adukanle came Ajibike who hailed from Osogbo came to Ibadan following a chieftaincy tussle in his hometown. Ajibike stayed with Adukanle but when Adukanle was expelled from the house by Adamo, Ajibike was allowed to stay on. Ajibike stayed behind and was lodged in the house of Sule, a member of the plaintiffs’ family who had died in war. Ajibike was the defendants’ ancestor. Adukanle and Ajibike had no blood relationship. Adukanle later died childless. There were previous litigations (5/309/49 and 5/53/50) between the plaintiffs and the defendants over the land in dispute; both litigations ended in plaintiff’s favour.

The defendants, on the other hand, claimed ownership of the land in dispute. They claimed that Duradola Ajibike, their ancestor, came from Osogbo and settled in Ibadan. He came to Iba Oluyole who directed him to one Apena: Apena granted Ajlbike the land or which the land in dispute formed a part. They pleaded further thus:

“8. Durodola Ajibike being a warrior was the only person who at that time could hold the sector against the Egbas. It was in recognition of this that Iba Oluyole built Apataki (a mound) for Durodola Ajibike as a bulwark against invaders.

9. The plaintiffs’ ancestor Adamo a blacksmith came through Iba Oluyole who introduced him to Apena.
10. It was Apena who requested Durodola Ajibike to please grant land to Adamo (the blacksmith) the portion outside the area edged RED in Plan OG 190/81 filed by the defendants was granted to Adamo by Durodola Ajibike.

11 During his life time Adamo used to make bridle (Ijanu esin) for the horse or the defendants known as ‘Adukanle’ because it was completely black.

12. The area granted to the plaintiff family by Durodola Ajibike was formerly used by him as a garden before the grant.
13. On the death Durodola Ajibike the land granted to him by Apena was used in turn by the following heads of the family as well as other members of the family viz: Ige, Majoyegbe, Dairo, Idowu, Afolabi, Akanni, Adegbola, Abegunrin and Raji Paola.
14. Since the original grant the defendants’ family has been in effective occupation of the area edged RED in the defendants’ plan up till today.
15. The two buildings edged OREEN in Plan No. OG/190/81 were forcibly built on by the plaintiffs but up till now none of the plaintiff family have been allowed to live therein.
16. On several occasions when the plaintiff family have used their numerical strength and influence to trespass on the defendants’ family land, people like Bale Oyewole, Oba Aleshinloye and Oba Akinyele have intervened and warned the plaintiffs’ family.
17. The defendants aver that ‘Adukanle’ was the name of their ancestors house.
18. With regards to paragraph 15, whilst the defendants aver that the father of Akanmu was Otegboye.
19. The defendants aver that at no time has the plaintiffs’ family been declared the owner of the area EDGED RED in the plan referred to in paragraph 17 of the plaintiffs’ statement of claim.
20. With regards to paragraph 20 of the plaintiffs’ statement of claim, the defendants aver that the houses built by members of their family were built as of right without permission from anyone and with the knowledge of the plaintiff family undisturbed.
21. With regards to paragraph 21 of the plaintiffs’ statement of claim the defendants aver that the area now in dispute was originally made of wooden shops, which the defendants let out and collected the rents.
22. The defendants later rebuilt the shop with concrete and was undisturbed by anyone at the time of that building.
23. The defendants aver that when Alfa Katibi wanted to build a Mosque on the: site where the blacksmith was originally, he begged Abegunrin to allow the blacksmith stone on the defendants’ land until the area was needed by defendants.
24. The defendants aver that for years the plaintiff family have been victim of the over flooding of the Gege river, hence their expansionist tendency towards the West.
25. The defendants further aver that the area edged GREEN with the inscription of Safiu’s House was the original site of Otegboye’s house allocated to her grand daughter Adunola Amoke.
26. The area where Adegbindin built was allocated for Ajayi Ojerinmu.”

The trial Judge found there was discrepancy in the evidence on traditional history led by the defendants. On the evidence adduced by the parties. the learned trial judge found –

“(a) that Iba Oluyole granted land to the ancestor or the plaintiffs: