Asani Taiwo & Ors. v. Adamo Akinwunmi & Ors. (1975)

LawGlobal-Hub Lead Judgment Report

FATAYI-WILLIAMS, J.S.C. 

In Suit No. IK/174/63, which was commenced in the Ikeja High Court, the Ijeshatedo people, as plaintiffs, claimed from the Itire people and four others, as defendants, jointly and severally the sum of 500 as damages for trespass to their land at Abule Ijeshatedo, Itire, Ikeja District. They also asked for an injunction to restrain the defendants, their agents or servants from further trespassing on the said land.
Paragraphs 2 to 13 of the plaintiffs’ amended statement of claim read:

“2. The plaintiffs are people of Ijeshatedo Village and are suing for themselves and on behalf of the people of Ijeshatedo Village.

3. The 1st, 2nd and 3rd defendants were substituted by order of court vice one Chief Salawu Lawani as the overlord of the land situate at the said village whereon the plaintiffs are settled and are possessed thereof as customary tenants.

4. The several plots of land in dispute form portion of the said village and they are more specifically shown on the plan filed in this action within the area edged RED.

5. The Ijeshatedo people from whom the plaintiffs are descended have settled on the said land for more than 100 years past and the plaintiffs are possessed of the said land under the native law and custom of the Yorubas.

6. The rights and duties of the plaintiffs and the 1st, 2nd and 3rd defendants are clearly set out in the judgment in the consolidated Suits Nos. 292/47 and 222/48.

7. The plaintiffs have always complied with and exercised rights and performed their duties in respect of the said land in accordance with the said judgment.

8. The 1st, 2nd and 3rd defendants had always disregarded the said judgment and acted against the rights of the plaintiffs by leasing the said land to strangers without the authority or consent of the plaintiffs.

9. The 4th, 5th, 6th and 7th defendants who are not descendants of Ijeshatedo people about the month of June, 1963, without any right whatsoever and without the authority or consent of the plaintiffs entered upon the land in dispute and began to dig up portions of it preparatory to laying foundations for the erection of buildings.

10. The 4th, 5th, 6th and 7th defendants were questioned by the plaintiffs as to their authority for digging up the said land and the plaintiffs were told by the said defendants that the late Chief Salawu Lawani had leased the said land to them in plots.

11. The first plaintiff made enquiries from the said Chief Salawu Lawani whether he had leased any portion of the said land in dispute to the 4th, 5th, 6th and 7th defendants and the said Chief Lawani affirmed to the 1st plaintiff that he had leased the said portions to the said defendants.

12. The said Chief Lawani added further that he had the right to lease the land at Ijeshatedo to strangers and that he would continue to lease the land to whomsoever he pleased.

13. Since the commencement of this action the 4th, 5th, 6th and 7th defendants had completed their several houses indicated on the plan.”