Chief Amos Temidayo Olakunori & Ors V. Chief Wilson Sadibo (2014)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

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

This appeal stems from the judgment of Hon. Justice Olasehinde Kumuyi of the High Court of Ondo State, Owo Judicial Division, delivered 25th March, 2010.

The appellants herein were the defendants at the trial court while the respondent was the plaintiff who sought reliefs as follows against the former:

1. A Declaration that the plaintiff is the lawful and beneficial owner of the vast area of land situate, lying and being at Oke – Ogun Street, Owo in between Owo/Benin Express Road and Agbogun Stream/River, Owo, Ondo State of Nigeria (hereinafter called the land) by virtue hereby he is entitled to the certificate of occupancy in respect thereof.
2. Perpetual Injunction to restrain the defendants either by themselves or by their servants or agents or privies or otherwise however and those claiming through them from further act of trespass on the said land or from carrying on any construction work or development on the land.
3. N500, 000.00 (Five Hundred Thousand Naira) damages (severally and jointly) for continuing trespass committed by the defendants, their agents, servants and those claiming through them.

The appellants did not file a counter-claim.

Having heard the parties the trial court in a considered judgment decided in favour of the plaintiff/respondent. The appellants are now jointly before this court to vent their grievances against the said judgment. They thus filed a Notice of Appeal dated 8th June, 2010 containing six grounds of appeal.

In line with the rules of the court, parties filed and exchanged briefs of argument. Appellants’ Brief of Argument dated 21st July, 2011 and their Reply Brief on Points of Law dated and filed 26th September, 2011 respectively as well as the Respondent’s Brief of Argument dated 16th August, 2011 and filed 19th August, 2011 were adopted and relied upon by either side at the hearing of the appeal on 26th February, 2014. OBA S. K. A. ADEDOYIN settled the appellants’ briefs while J. O. AJEWOLE, ESQ. settled the respondent’s brief.

Appellants’ donated three issues for determination of the appeal. The issues are:

i. Whether the respondent established the identity of the land in dispute with certainty and precision as required by law on the totality of the pleadings and evidence before the trial court. (Ground 1).

ii. Whether the trial court was perverse in evaluating the conflicting traditional histories of the land in dispute by the respective parties, particularly in failing to resolve same by resulting (sic) to acts of ownership of the parties, otherwise known as the rule in KOJO V. BONSIE to find who between the two parties has a better title to the land in dispute. (Grounds 2, 3, 4 and 5).

iii. Whether the evidence of PW2 as to the grant of agricultural land to his father by the respondent’s family goes to no issue and ought to be expunged from the court’s record in the circumstances of this case.

On the part of the respondent they also identified three issues for determination of the appeal and the issues are:

i. Whether the identity of the land in dispute was established by the respondent before the trial court.

ii. Whether the respondent on the totality of the evidence adduced at the trial established his title to the land in dispute by traditional evidence.

iii. Whether the evidence of PW2 on grant of land to his father by the respondent’s father is sustainable having regard to the pleadings in the statement of claim.