Alhaji Muraina Ajani & Ors V. Mrs Taiwo (2011)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

SIDI DAUDA BAGE, J.C.A. (Delivering the Leading Judgment)

This is an appeal against the decision of the High Court Justice, Oyo State presided over by Jimoh, J, delivered on the 16th day of July, 2003.

The appellants were the plaintiffs at the Lower Court and their claims as contained in the writ of summons dated the 21st day of February, 2001 and filed same day, read as follows:-

(1) “Declaration that the plaintiffs are the persons entitled to a grant of certificate of Statutory Right of occupancy in respect of all the piece or parcel of Land situate, lying and being at Mafikuyomi town, Oki, off Iwo Road, Ibadan Oyo State, more properly described and delineated in a plan to be filed later.

(2) Perpetual injunction restraining the Defendant, her servants, agents, privies or any other person or persons claiming through her from trespassing further on the land in dispute in any manner whatsoever dealing with the land or laying it to waste against the interest of the plaintiffs in this case.”

The brief facts of this case as related by the appellants were that they were the plaintiffs at the Lower court. The parties had filed and exchange their pleadings. At the close of pleadings the Defendant/Respondent filed an Application on 28th January, 2003 praying for “an order setting the suit down for hearing and disposing the points of law raised in paragraph (3, 7, 9, of the statement of Defence of the Defendant/Applicant…”

After listening to the counsel of both parties the trial court granted the Application and dismissed the plaintiffs suit Being dissatisfied with the ruling of the trial court, the appellant filed a notice of appeal dated 29th July, 2003 filed five grounds of appeal against the ruling of the Lower Court.

From the Five grounds of appeal, the appellants formulated three issues for determination as follows:-

(1) Whether the presumption contained in Section 130 of the evidence Act cap 112, Laws of Federation of Nigeria is irrebutable to avail the defendant/Respondent to rely on photocopies of Uncertified Deed of conveyance i.e. public documents over 20 years old as evidence of title.

(2) Whether the learned trial court was right to have relied only on the Defendant/Respondents statement of Defence without considering the plaintiff/Appellants writ of summons and statement of claim or call for oral testimonies in determining when the cause of action arose to dismiss the plaintiff/Appellant suit as being statute bared.

(3) Whether the learned trial court was correct to rely on photocopies of Uncertified Deed of conveyances (Public documents) over 20 years old to dismiss the plaintiffs/Appellants’ suit as being statute barred.

From the five (5) grounds of appeal contained in the notice of appeal, the Respondent formulated six (6) issues for determination as follows:-

(1) Whether the use of Photostat copies of the two deeds of conveyance in the application by the defendant/respondent can form an exception under Section 130 of the evidence Act 1990 as amended.

(2) Whether the two deeds of conveyance had been admitted as exhibits in the true sense of the word.