Babalola Adisa Vs Yesufu Ladokun (1973)

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SOWEMIMO, J.S.C.

This is an appeal against the judgment of the Western State Court of Appeal in Suit No. CAW/82170 delivered on 18th March, 1971 whereby the judgment of the High Court, Ibadan (Aguda J.) in Suit 1/17A/67 was set aside.

The action, which is the subject matter of this appeal, originated from the Customary Court, Olode Grade ‘B’ in Suit No. S13/64. The plaintiff’s claim in that court reads:

“(1) Title to ownership and recovery of plaintiffs father’s farmland siutate and being at Olode village via Aiyegun, Ibadan District bounded on one side by Ajota, second and third sides by Adekomi, fourth side by Apabielesin, bisected by Olode stream from the defendant. The farmland valued about 100(pounds).

(2) Injunction restraining the defendant, his servants, agents, family or anybody claiming through him from further trespassing therein and thereon the farmland.

(3) Any other relief which the Court can afford.”

The case was tried in the Olode Customary Court Grade ‘B’ by a President assisted by four assessors. After the trial, the President of the Grade ‘B’ Customary Court made the following findings:

“From the evidence so far available the farmland forms part of many farmlands belonging to Aresa descendants of whom both the plaintiff and the defendant are integral part. The said Aresa was the father of Okiti and Latoyan whose children are now disputing ownership of the said farmland. The two sides agreed that Okiti died “during Kiriji war: the plaintiff stated that it was at this time ihat Latoyan as the surviving eldest son of Aresa, and the young brother of the deceased Okiti, inherited Okiti’s farmland now in dispute. But the defendant and his witnesses maintained that the fann had always been that of Latoyan and was not inherited. ”

“As previously pointed out I cannot overlook the evidences of the first, second and fourth plaintiff’s witnesses, who are considered important members of the family, particularly that of the second plaintiff’s witness Sadiku Olubode, who stated he is also a grandson to Latoyan and that his own father once inherited the farmland in dispute.

“In view of these evidences, I am satisfied that:

“(a) The farmland was that of Okiti

(b) That the farmland was inherited by Latoyan in accordance with the customary practice of that age.

(c) The land had changed hands since inherited exclusively within Latoyan children.

(d) The farmland had since been developed in part on basis of modern Agriculture