Babakange Etsu Yampa & Ors V. Alhaji Zubair Aliyu Babareke & Anor (2016)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

UCHECHUKWU ONYEMENAM, J.C.A. (Delivering the Leading Judgment)

This is an appeal against the decision of the High Court of Kwara State sitting at Ilorin delivered on 9th october, 2013. The judgment is contained at pages 230-264 of the record of appeal. What culminated into the judgment was that the Respondents to this appeal had instituted a suit against the Appellants on 9th December, 2010 claiming the following reliefs:

(a) “A Declaration that the Claimants are the lawful and/or bona-fide owners of the piece of land known and called Onireke family land and all the appurtenances thereon lying, being and situate at share, Ifelodun Local Government Area starting from Kange to OdoKasan boundary at share junction (Sakanke with Elese Compound, with Ajobo family at Igbodun, Sangoniyi family at Idi Efu with MomoduAnkoro family at Kasan stream as neighbours and that they are entitled to be issued and/or granted certificate of occupancy on the said piece of land.

(b) A Declaration that the claimants are the persons in possession of the plots of land described above.

(c) A Declaration that the Defendants are customary tenants to

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the Claimants.

(d) A Declaration that refusal of the Defendants to pay their requisite tribute (Ishakole) as at when due to the Claimants despite persistent demand amount to automatic forfeiture of their tenancy under native law and custom.

(e) A Declaration that continuous entry and occupation of the Defendants, their agents and privies on the Claimants’ parcel of land having deliberately failed to pay their tribute to the Claimants and without Claimant’s consent amount to trespass to land.

(f) An Order of this Honourable Court compelling the Defendants, their agents or any person deriving authority from them to remove any offending and provoking building and/or structure, that might have been erected on the land without Claimants’ consent.

(g) The sum of N2,500,000.00 (Two Million Five Hundred Thousand Naira) only as General Damages for trespass on the Claimants’ land.

(h) An order of perpetual injunction restraining the Defendants, their agents, privies, relatives or anybody or person claiming title through them from erecting any further building and/or committing any act of further act of trespass on the Claimants’ land or from

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dealing with the land in any manner adverse to the Claimants’ interest.