Amusa Dada & Ors V. Bakare Shodeke (1976)

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IRIKEFE, JSC. 

Before the Ikeja Judicial Division of the Lagos State High Court, the appellants as plaintiffs claimed thus against the defendants/respondents:-

“(i) The plaintiffs seek an order for declaration that the defendants being customary tenants of the Igando Community have forfeited their rights to the use of the farmland at Igando, in the Ikeja Judicial Division.

(ii) An injunction restraining the defendants from disturbing the plaintiffs their agents and or servants from entering upon the said land and or from disturbing the plaintiffs of the use of the said land.”

The appellants purport to have brought the action for themselves and as the accredited representatives of the Igando Community and obtained an order of court in this regard in the course of the proceedings. The land, the subject of this dispute, is described as being some one thousand nine hundred and ten acres in area and is shown bordered in pink on Exhibit “A”, a plan produced by the appellants.    By their statement of claim the appellants averred as against the respondents as follows –

“(3) The 1st, 2nd, 3rd and 4th defendants are descendants of one SHODEKE.

(4) The Igando Community is the absolute owner according to Yoruba Native Law and Custom of a vast area of land situate at Igando, and the land is more particularly described and delineated on the plan annexed to this statement of claim and verged “pink”.

(5) Shodeke, during his lifetime was a customary tenant of the Igando Community in respect of the area of land verged “yellow” on the plan aforesaid. He and his children Kafaru Ashade Shodeke, Saka Dosunmu Shodeke, Sadiku Shodeke, Ogunbewon Shodeke and Lawani Shodeke farmed the said Land during and after the death of Shodeke and are still farming the said land.

(6) Sometime in 1928 Sunmonu Ige on behalf of the Igando Community instituted action against Kafaru Ashade Shodeke, Saka Dosunmu Shodeke and Lawani Shodeke, all descendants of Shodeke for declaration that the defendants have forfeited their rights to the use of the farmland at Igando which they were and are occupying under Native Law and Custom and for an injunction restraining them from disturbing the people of Igando in the enjoyment of their own land.

(7) The plaintiffs will found on the proceedings and judgment in the Suit No. 19/1928 – Sunmonu Ige v. Kafaru Dosunmu and Lawani as establishing that Shodeke and his descendants were and are customary tenants of the Igando Community and that they, the 1st – 4th defendants are estopped by their conduct and admissions from denying that they are customary tenants of the Igando Community.

(8) The 5th and 6th defendants are members of the Ikotun people and are not in any way connected with the Igando Community and have no right or interest in the Igando Communal land.

(9) Sometime in 1966, the 5th and 6th defendants wrongfully entered upon portion of the Igando Community land, verged “BROWN” on the plan, they claimed ownership of it after destroying crops on the land.

(10) The said land verged “BROWN” was being farmed by tenants of the Igando Community immediately before the trespass referred to in paragraph 9 above.

(11) Sometime in 1967, Bakare Shodeke, Lamidi Olosunde, Yakubu Shodeke and Amidu Ige, purporting to represent themselves and the Onimaba family instituted action for declaration of title, trespass and injunction against the 5th and 6th defendants their wrongful acts as stated in paragraph 9 above.