Chief Ajayi Olowoye Alejo Awe & Ors V. Olajide Akinlolu Ademehinti & Ors (2016)

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MOHAMMED AMBI-USI DANJUMA, J.C.A.

This appeal is against the judgment of Hon. Justice C. E. T. Ajama of the High Court of Justice, Ondo State sitting at the Akure Judicial Division, delivered on 25th of March, 2013.

The respondents herein who were plaintiffs at the Lower Court commenced this action against the defendants/appellants by a writ of summons dated and filed 07/06/2010 and a statement of claim dated 02/06/2010. The plaintiffs filed an Amended Statement of Claim dated 01/09/2011 and filed 27/09/2011 claiming jointly and severally against the defendants for the following reliefs:
a. A DECLARATION that the plaintiffs are entitled to the grant of Certificate of Statutory Right or Occupancy over the piece or parcel of farm land lying, situate and being at Ona-Ule Ilere Akure South Local Government which parcel of farmland is otherwise known and called Odo-Igbodudu, Oko-Okuta near Omolegan land, Oko-Okuta Alahere and Oko Aarin which farmland is bounded on the North by late Bayo Omolegan farmland, South by Umojo stream East by Omolegan farmland and late Ayodele Alejoawe farmland, west by Ona-Ule (Road) and at

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Oke-Ehinkunle I, Oke-Ehinkunle II bounded on the North by Ibukun Agbakarin Cocoa farmland, South by one Ona Odo Oko, West by Ona-Ule, East by Omolegan/Late Oyedele Cocoa farmlands.
b. N250,000 damages for trespass.
c. N100,000,000 damages for assault/injuries committed on the person of 1st plaintiff.
PARTICULARS OF INJURIES
(i) Bruises over the back
(ii) Tenderness over the right hip
(iii) Fractures of the right clavicle close to the acromioclavicular joint.
PARTICULARS OF DAMAGES
a. Inability to use the right leg effectively (leaping).
b. Inability to stand erect.
c. Inability to perform physical exercises activities, viz jumping, jogging, running, driving, climbing etc
d. Inability to use the right hand for any physical activities etc.
e. Emotional and mental disturbance etc.
f. Loss of livelihood.
d. AN ORDER cancelling, nullifying, setting aside, any sale or sales purportedly made or carried out by the defendants their servants, agents or privies on, over or upon the said parcel or farmland subject – matter of this action, property of the plaintiffs.
e. AN ORDER OF PERPETUAL

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INJUNCTION restraining the defendants, whether by themselves, servants agents, privies or whomsoever from trespassing, remaining interfering in whatever manner alienating, claiming the plaintiffs’ parcel of farmland lying situate and being at Ona-Ule Ilere Akure South Local Government which parcel of farmland is otherwise known and called Odo-Igbodudu, Oko-Okuta near Omolegan land, Oko- Okuta Alahere and Oko Aarin which farmland is bounded on the North by late Bayo Omolegan farmland, South by Umojo Stream East by Omolegan farmland and late Ayodele Alejoawe farmland, West by Ona – Ule (Road) and at Oke – Ehinkunle 1, Oko – Ehinkunle II bounded on the North by Ibukun Agbakarin cocoa farmland, South by one Ona Odo Oko, West by Ona Ule, East by Omolegan/late Ayodele Farmlands.

The defendants responded by filing a Further Amended Statement of Defence and counter claim dated 13/02/2012 and filed 25/04/2012 against the plaintiffs praying as follows:
a. A declaration that the defendants’ counter-claimants are entitled to the grant of  Certificate of Statutory Right of Occupancy over the piece or parcel of farmland lying, situate and being at Ona Oko Odo left

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side of Ilere community bounded on the right by Elere Olagboyegun farmland, on the left by flowing River/Okesi farmland, on the top by lsomo farmland/flowing River, on the Bottom by Odeyemi Farotimi Farmland.
b. N50,000,000 damages for trespass
c. N150, 000, 000 damages for assault committed on the person of the 1st defendant.
d. AN ORDER PERPETUAL INJUNCTION restraining the plaintiffs whether by themselves, servants, agents, privies or whomsoever from trespassing, interesting in whatever manner laying claim to the defendants parcel of land lying situate at Ona oko odo bounded on the right by Elere Olagboyegun farmland, on the left by flowing River/Okesi farmland, on the top by Isomo Farmland/Flowing river, on the bottom by Odeyimi Farotimi farmland.

In the course of the proceedings the plaintiffs called seven (7) witnesses while the defendants had three (3) witnesses who testified by giving evidence before the Court. Written addresses were filed and exchanged between the parties; defendants afterwards replied on points of law and judgment was entered in favour of the plaintiffs on the 25/3/2013.

Dissatisfied with the trial Court’s

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decision, the appellants herein approached this Court vide a notice of appeal dated 22/04/2013 and filed 23/04/2013 containing ten (10) grounds of appeal.