Bisiriyu Akinlagun & Ors V. Taiwo Oshoboja & Anor (2006)

LAWGLOBAL HUB Lead Judgment Report

KALGO, J.S.C.

In the High Court of Lagos State holden at Ikeja, the 1st respondent who was the plaintiff claimed against the appellants and the 2nd respondent as defendants, the following reliefs:

“(i) declaration of title to a customary right of occupancy to all that piece or parcel of agricultural land situate, lying and being at Isheri Oshun via Agege, Ikeja Division.

(ii) declaration that the said defendants are customary tenants of the plaintiff on the said land.

(iii) declaration that the said defendants have forfeited the customary right of occupancy in that they claimed wrongfully to be the owners of the land and have been dealing with the land inconsistent with the plaintiff’s claim by selling and leasing without the plaintiffs permission

(iv) Possession of the land in dispute”.

Pleadings were ordered, filed and exchanged in the trial court and the appellants in their amended statement of defence counter-claimed for:-

“(1) an order of injunction restraining the 1st respondent (plaintiff) his servants and/or agents from trespassing on the land subject matter of the action;

(2) if the claim for forfeiture is proved by the 1st respondent an order relieving them from forfeiture of the customary tenancy of the land in dispute on such terms, if any as the court may impose”.

At the trial, the 1st respondent called 8 witnesses to prove the case of the Oshoboja family and the appellants called only one witness. The 2nd respondent (who was 1st defendant) gave evidence and called one witness in his defence. At the end of the trial, learned counsel for the parties addressed the court and on the 14th of May1990, the learned trial Judge, Oshodi J. delivered a considered judgment as follows (page 508 of the record).

(i) In respect of the plaintiff’s claim, entitled to a declaration of title to a customary right of occupancy in respect of the parcel of land shown in plan No. All 19/1979 made on 17/9/79 in the area verged red in exhibit H as against Laigbo Osu family including the 2nd to 5th defendants.

(ii) The claim for declaration that the defendants are customary tenants, forfeiture of the customary right of occupancy and possession are hereby dismissed.

(iii) The plaintiff’s claim against the 1st defendant are wholly dismissed.

(iv) In respect of the counter-claim since there is no forfeiture ordered, the plaintiffs are hereby restrained from disturbing the defendants the Laigbo Osu family until the relationship between the parties are hereby determined” .