Alhaji Safianu Aminu & Ors V. Isiaka Hassan & Ors (2014)

LAWGLOBAL HUB Lead Judgment Report

JOHN AFOLABI FABIYI, J.S.C.

At the trial High Court of Lagos State, the plaintiffs who are respondents in this appeal claimed as follows:-

“(i) A declaration that the plaintiffs are the persons entitled to the grant of a Certificate of Occupancy in respect of the area of land measuring approximately 26.3276 hectares situate at Aiyetoro Village, Badagry, Lagos State and verged RED on Survey Plan No. CD 223/74 dated 20th December, 1973 prepared by C. Olu Dawodu, Licenced Surveyor.

(ii) N200,000:00 damages for trespass committed by the Defendants, their servants and agents.

(iii) An injunction restraining the Defendants, their servants and agents from continuing or committing further acts of trespass on the said land.”

The defendants, on being served with the statement of claim, filed their statement of defence which was accompanied by a counter-claim that reads as follows:-

“(a) Forfeiture of the plaintiffs’ customary tenancy of the land in dispute to the defendants who are the original land owners and overlords, for challenging the defendants’ title.

(b) Reclamation of the whole portions of land belonging to the defendants and which the plaintiffs held of them as customary tenants.

(c) A declaration that the defendants are the persons entitled to the grant of statutory/customary right in respect of the area of land forming the subject matter of this suit.

(d) Perpetual Injunction restraining the plaintiffs, their servants, agents and privies from exercising any rights of ownership of the said land.

(e) =N=500,000:00 damages

(f) Further and or other reliefs.”

It is apt to state the facts briefly. The plaintiffs maintained that the land known as Aiyetoro belonged originally to the defendants, family – Balogun Osolo Family. That many years ago, the Balogun Osolo family made an outright grant of the land in dispute to the plaintiffs’ ancestor, Hassan Komolafe in consideration of the payment of the customary purchase price and thereby became the absolute owners of same. They used the land as such since the grant was made. As such owners, the plaintiffs maintained that they continuously and on divers occasions have let and sold the land to strangers who have built substantial houses thereon without protest from the defendants none of whom live in Aiyetoro. The present action was caused by the defendants’ forcible entry onto the land in 1996.

The defendants, on their part, agree that they made a grant of the land in dispute to the plaintiffs but contend that the grant was in the nature of a customary tenancy subject to payment of rent or tribute to the defendants’ family.