Ayoade Babatunde & Ors V. Lasisi Adeyinka Akinbade & Ors (2005)

LawGlobal-Hub Lead Judgment Report

TABAI, J.C.A.

This appeal is against the judgment of Olakanmi J (as he then was) on the 30th of July 1997 at the Ibadan Judicial Division of the High Court of Oyo State.

The plaintiffs who are the respondents herein claimed against the defendants who are appellants herein the following reliefs:

“(a) A declaration that the plaintiffs who are the descendants of Akinbade are the only persons entitled to the issue of Certificate of Occupancy to all that piece or parcel of farmland situate, lying and being at Akinbade Farm, Idi Mango along Idi Iroko Road, Ibadan which is more particularly delineated on Plan No. EFUN/12/0Y/88 drawn by Debo Adedeji Licensed Surveyor on 10/12/88 and is therein edged “RED”.

(b) Declaration that the 1st, 2nd and 3rd defendants as tenants of the plaintiffs have forfeited their rights to remain on the land as a result of the purported sale of the land to 4th – 7th defendants and other purchasers without the knowledge and consent of the plaintiffs who are their overlords.

(c) N10, 000.00 general damages against the 4th – 7th defendants for acts of continuing trespass committed on the said land between 1986 and up to today.

(d) Perpetual injunction restraining all the defendants their servants, agents or anybody claiming through them from committing any further acts of trespass on the said land.”

And in the amended statement of defence and counter-claim the 1st – 7th defendants also counter-claimed the following reliefs:

“(a) A declaration that the 1st, 2nd and 3rd defendants are the true and natural descendants and are therefore entitled to certificate of statutory rights of occupancy in respect of all that land lying and situate at Idi Mango Idi Iroko Road Ibadan which is more particularly delineated on Plan No. AD/58/89 drawn by A. Adeoti, Licensed Surveyor on 19/5/89 and is therein edged “RED”, excluding the portion already sold out to the 4th, 5th and 6th defendants.

(b) Declaration that the sale of the portion of land verged YELLOW on Plan No. AD/58/89 dated 19/5/89 by the 1st, 2nd and 3rd defendants to late E. O. Ashamu is legal, valid and lawful and he is therefore the only person entitled to the issue of Certificate of Statutory Right of Occupancy in respect of the said portion of land.

(c) Declaration that the sale of the portions of land marked “1” by the 1st, 2nd and 3rd defendants to the 5th and 6th defendants respectively is legal, valid and lawful and are therefore the only persons entitled to the issue of Certificate of Statutory Right of Occupancy in respect of the said portions of land.

(d) N10,000.00(ten thousand naira) as general damages for the continuous acts of trespass of the plaintiffs on the said land in dispute.

(e) An order of perpetual injunction restraining the plaintiffs, their agents, servants, privies or howsoever from committing any further acts of trespass on the said land.”

Pleadings were filed and exchanged. Each of the pleadings underwent several amendments. The trial itself involved the testimony of the 1st plaintiff and five other witnesses for the plaintiffs’ case. The 1st, 2nd and 3rd defendants and six other witnesses testified for the defence.