Alhaji Liadi Musari & Ors V. Madam Afusat Bisiriyu & Ors (2014)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

RITA NOSAKHARE PEMU, J.C.A.(Delivering the Leading Judgment)

The claim, the subject matter of this appeal was instituted by Writ of Summons dated 21st November, 1994.

In paragraph 23 of the Amended Statement of Claim dated 15/4/2002 the Plaintiffs (Respondents in this Appeal) claim from the Defendants (Appellants in the present Appeal) the following:

(a) “A Declaration that the piece or parcel of land on survey plan No. FF/4117/L/84 and being at MAWAOLA/IGBO-ELERIN Town is the property of BISIRIYU ASHADE FAMILY.

(b) A Declaration that the plaintiffs are entitled to the grant of Statutory Rights of Occupancy of the said piece or parcel of land describe in (A) above.

(c) Possession of the land in dispute described in (a) above

(d) A sum of N100,000.00 damages for trespass and destruction caused to the farmland of BISIRIYU ASHADE FAMILY

(e) A perpetual injunction restraining the Defendants, their servants, thugs, Agents, privies and assigns from trespassing and selling BISIRIYU ASHADE FAMILY land at MAWAOLA/IGBO-ELERIN as showed on Survey Plain No. FF/4117/L/84” – pages 80-85 of the Record of Appeal.

FACTS

The suit commenced with three Plaintiffs and six Defendants. The original first Plaintiff Madam Afusat Bisiriyu died and also the 6th Defendant in the course of the proceedings.

At the Court below, the parties filed their respective processes, the Plaintiffs filing an Amended Statement of Claim dated 15/4/2002; the Defendants filed an Amended Statement of Defence dated 17/5/2002 – pages 86-88 of the Record of Appeal. There was a Reply to the Amended statement of Defence dated 21st October 2002 – pages 89-91 of the Record of Appeal.

Parties are agreed that they are both descendants of IDOWU BALOGUN, who founded the land in dispute, and after his death his land, part of which the land in dispute forms, devolved on ASHADE, his son.

Ashade married three wives who bore children from the three branches viz BISIRIYU FAMILY, BUSARI/MUSARI FAMILY and ESUBIYI. Parties are agreed that the Respondents (Plaintiff in the lower Court) are from BISIRIYU Family, whilst the 1st to 4th Appellants (1st to 4th Defendants in the lower Court) are from BUSARI/MUSARI FAMILY.

The Respondents contended that ASHADE had shared, in his lifetime his land to the three branches giving the names to the eldest to each branch to the respective land, for identification purposes. That BISIRIYU and his other siblings henceforth continued to exercise acts of possession and ownership over his portion to the exclusion of the other two branches. The two other branches did not interfere with any other land.