Alhaji Yakubu Alabi Aro V. Saadu Adisa Aro & Anor. (2000)

LawGlobal-Hub Lead Judgment Report

ONNOGHEN, J.C.A. 

The facts of the case are that, the appellant instituted Suit No. KWS/174/91 in the High Court of Kwara State holden at Ilorin claiming for:

1. AN ORDER for partition of the entire Elegi Aro Family Land at Abayomi Area, Ilorin amongst the entitled Elegi’s children namely:

(a) Rufai Elegi Aro;

(b) Momodu Elegi Aro; and

(d) Jinadu Elegi Aro.

2. A declaration that the plaintiff’s branch is entitled to one third of the entire Elegi Aro family land.
3. AN ORDER of perpetual injunction restraining other members of Elegi Aro family, their agents or privies or anybody whatsoever from further disturbing or intermeddling with the plaintiffs use and enjoyment of any allotted portion of the Elegi’s family land.

In his statement of claim the appellant pleaded that the parties in this case are direct descendants of one Elegi Aro, a native of Ilorin and founder of Elegi Aro family. That he is a grandchild of Elegi Aro from Momodu Elegi Aro branch because he is the first son of Momodu Elegi Aro. That the said, Elegi Aro partitioned his land amongst his children during his life time. He also pleaded that he was the family head of Elegi Aro family by appointment vide a letter dated 5/8/71 and that by the customary law of Ilorin people his Elegi Aro branch of the family is entitled to one third of the entire Elegi family land. He also pleaded certain judgments in support of his contention. However, the respondents in their statement of defence denied that Elegi Aro hailed from Ilorin: they say he came from Iseyin in Oyo State. That Elegi Aro had four male children and a number of female ones and that none of the male children bore the name Momodu.

The respondents stated further that the name of the father of the appellant is Gborigi from Onikanhun’s compound in Pakata area of Ilorin. The respondents also denied the alleged partitioning of Elegi Aro’s family land and said that the appellant is not a member of that family. That the appellant was once contracted to prosecute an action against trespassers on Elegi Aro’s family land and was duly paid for his services. That after the respondent won the case; he refused to hand over the family land with the building thereon. Subject matter of that litigation to the family despite the fact that he was given the money by the family with which he bought back the disputed building on the land. This resulted in a law suit that the respondents won. The respondents also denied the existence of any customary law of Ilorin people that entitled the appellant to one third share of the family land of Elegi Aro. The respondents finally pleaded certain judgment given in favour of the respondents.

At the close of pleadings, issues were joined on certain important points to wit:

(a) The origin of Elegi Aro

(b) Elegi Aro’s offspring through direct ancestral line.

(c) Partitioning of the family land by Elegi Aro in his life time.

(d) Recognition of the plaintiff as the head of Elegi Aro family.

(e) Whether the appellant’s claim is known to the customary law of Ilorin people as pleaded.

During the trial, the appellant testified in proof of his claim as follows: