Chief Jacob Balogun & Ors V. Alhaji Sulaimon Adeyemo (2011)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

JOSEPH SHAGBAOR IKYEGH, J.C.A. (Delivering the Leading Judgment)

This appeal questions the decision of the High court of Justice of Oyo State sitting at Oyo town, awarding title to land located at Egunbiyi Alagunmu area of Oyo in Oyo State with a perpetual injunction in respect of the land, and N10,000 general damages for trespass to the said land in favour of respondent against appellants.

The respondent, as plaintiff in the court below, sought for these reliefs in paragraph 37 of his statement of claim:

“37 WHEREOF the plaintiff claims against the Defendants jointly and severally:

(a) Declaration that the plaintiff is entitled to a grant of a statutory right of occupancy in respect of plaintiff’s piece of land at Egunbiyi Alagunmu Area, Oyo State of Nigeria more particularly delineated in plaintiff’s survey plan No. JAC/010/OY/2001 signed by Owolabi O. S. licensed surveyor.

(b) N10,000.00 General Damages for trespass committed by the Defendants sometime in February,1999.

(c) Perpetual injunction restraining the Defendants, their agents, servants and/or privies from further committing trespass to the said laid, entering thereon or doing anything whatsoever thereon.”

Pleadings were exchanged before the suit proceeded to trial. Respondent called some witnesses and tendered the survey plan of the disputed area in evidence. Respondent’s case was anchored on traditional evidence of grant of the piece of land to him by its owner, one Mogaji Abogunrin; the appellants relied on patrimony as traditional evidence of their root of title to the disputed piece of land. They also tendered in evidence a survey plan of the disputed land.

The court below took final addresses of counsel for the respective disputants before it pronounced judgment granting all the reliefs averred by respondent against appellants in paragraph 37 of the statement of claim (supra).

A notice of appeal containing seven grounds of appeal was filed by appellants against the said judgment. Four issues were distilled from the grounds of appeal – issue (i) covering grounds 1 and 5; issue (ii) for ground 3; issue (iii) for ground 4; and issue (iv) for grounds 1, 6 and 7 – in the appellants’ brief of argument prepared by their learned counsel, Mr. Folorunso, dated 14.9.06, and filed on 18.9.06, pursuant to a deeming order granted on 9.11.06, deeming the brief duly filed on the said 9.11.06.

The issues for determination framed by appellants are, for quick reference, copied, below:

“i Whether the evidence of Boundary men and Tenants put on the land by the Plaintiff established Plaintiff’s claims – Grounds 1 and

ii Whether evidence of Traditional History relied upon by both parties is conclusive and the principle in the case of Kojo Vs. Bonsie will not apply in this case – Ground 3.

iii Whether the evidence of 1PW, 2PW, 4PW, 5PW, 6PW has been discredited – Ground 4.