Bakare Alabi Akinropo & Ors. V. Rafiu Idowu Yusuf (2013)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

CORDELIA IFEOMA JOMBO-OFO, J.C.A. (Delivering the Leading Judgment)

The plaintiffs at the lower court who are appellants herein are appealing against the judgment of Osun State High Court sitting at Ikire Judicial Division presided over by Hon. Justice J. O. Ogunleye, in suit nos: HRE/9/2009.

The underlay of this case is that sometime between 2004 and 2006 the defendant was seen on the disputed piece or parcel of land lying and situate along Ibadan/Ile-Ife Expressway, Ikire in Irewole Local Government. While the plaintiffs/appellants are laying claim to the parcel of land as their own inheritance by virtue of the partitioning of Gbagboye’s land, the defendant/respondent is laying claim to same on the ground that he bought it from Samuratu Ojewunmi one of Gbagboye’s children.

Believing that the defendant encroached on their land without their authority and permission the appellants on behalf of the Akinropo section of the Gbagboye family sued the defendant. In their Writ of Summons issued 27th April, 2007 and their Amended Statement of Claim dated 27th May, 2008, the plaintiffs at the lower court sought the following claims against the defendant:

i. A declaration that the Plaintiffs are entitled to the Statutory Right of Occupancy/Customary Right of Occupancy in respect of that piece or parcel of Land lying, situate and being along Ibadan/Ile-Ife Express way Ikire, Irewole Local Government of Osun State of Nigeria.

ii. Ten Thousand Naira (N10,000:00) damages for unlawful trespass on the said piece or parcel of Land.

iii. Perpetual injunction against the Defendant from further trespass on the said piece or parcel of Land.

The appellants’ contention is that their great ancestor Gbagboye had 3 wives who formed the 3 branches or sections of Gbagboye’s family. Upon his death Gbagboye’s children from the 3 wives inherited his properties including the land the subject matter that led to this appeal. The 3 branches of Gbagboye’s descendants are namely: (1) Ojewunmi, (2) Okoro and (3) Osunjinmi. The 3 branches partitioned the parcel of land lying and situate at the left side of Ibadan/Ile-lfe Expressway Ikire being land over which their said great ancestor Gbagboye exercised all rights including farming thereon in his lifetime. Consequent upon the partitioning of the said land, it devolved on Gbagboye’s descendants as follows:

a) Okoro who begat Akinropo the ancestor of the plaintiffs inherited the West side of the land starting from lbadan/lfe Expressway.

b) Ojewunmi who begat Samuratu amongst others inherited the middle portion of the land also from lbadan/lfe Expressway; and

c) Osunjinmi section inherited the East end of the land starting from Ibadan/Ife Expressway. Each of the divisions runs vertically Northward Gbagboye land as a whole share the following boundaries:

1. In the East by a piece of land presently occupied by Alasepe Church, Ikire.
2. In the West by Akinrin family land.
3. In the North by Atabintin family land.
4. In the South by Ibadan/Ife Expressway.

Upon the partition each section or branch preserves their portion for themselves and their children. Sometime in 2004 or thereabout the defendant was found on the plaintiffs’ portion of the land. The plaintiffs confronted him with the facts contained in their Statement of Claim. In 2006 and early 2007, the plaintiffs found that their said portion of the land had been cleared by the defendant without prior authority and or permission of the plaintiffs or any of the Akinropo family members. Despite their warning, the defendant refused to yield to the warning as he continued the act of trespass hence the suit at the court below. The respondent’s own position is that when he wanted to build his church he approached one Chief Yekini Ogundipe and expressed interest in purchasing a parcel of land lying and situate along Ibadan/Ile-Ife Expressway in Irewole Local Government. The said Chief Yekini Ogundipe who is the head of the Akinropo section of Gbagboye family informed him that the land was the bonafide property of Samuratu one of the children of Gbagboye. Based upon the said information the defendant approached Samuratu Ojewunmi for the purchase of the disputed land. In the course of the defendant’s investigation regarding ownership of the land, Samuratu Ojewunmi gave him a copy of the statement of claim filed against her in the High Court Ikire in HRE/8/05 in which the plaintiff therein sued her but later withdrew the case. Based on all these the defendant was assured that the title of Samuratu Ojewunmi was genuine hence he bought the land in 2005. The defendant stated that this land lying and situate along lbadan/Ille-Ife Expressway Ikire is bounded as follows:

Left side by Rufai Honourable

Back side by Atabintin family land