Chief Joseph Adedapo Alibaloye V. MR Abayomi Akogun & Ors (2015)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

ADZIRA GANA MSHELIA, J.C.A. (Delivering the Leading Judgment)

The appellant herein, as plaintiff, commenced Suit No. HAD/27/2013 by filing a Writ of Summons in the High Court of Ekiti State sitting at Ado-Ekiti, against the respondents claiming for:-

a. A declaration that the claimant is the bonafide owner of the parcel of land situate at Idiroko farmland, opposite Atlas Motel, Ikere Road, Ado-Ekiti described in Plan No. DES/OD/95/06.

b. Perpetual injunction restraining the defendant, their agents, privies or representatives from further acts of trespass.

c. An order declaring null and void all sales lease or other transactions entered into, in respect of the land, by the Defendants.

d. N5,000,000 (Five Million Naira) general damages for trespass on that parcel of land situate at the Idiroko farm, along Ikere Road, Ado-Ekiti.

The brief facts of the case are as follows:- According to the claimant, he purchased the land in dispute from Alhaji Tijani Ajijola in 1995 while Alhaji Ajijola in turn purchased the said land from the Aro Osakuajo family in 1976. Alhaji Tijani Ajijola was in exclusive possession of the land between 1976 to 1995. During this period, his company used the land for mechanized farming and in order to secure a certificate of occupancy on the land for the use of the company, the Aro family again deposed to an affidavit to the effect that the land had been granted to Jolatrade Nig. Ltd.

At all times material to the sale of the land by Aro Osakuajo to Alhaji Ajijola and the subsequent use of the land by him and the company floated by him, until the time the land was sold to the claimant in 1995, Oniloda Olaleye who was the head of the Oniloda family was alive and never challenged the sale.

The Claimant took possession, sold part of the land and Petrol Station, Church, Fence were erected thereon, all these were done several years ago without let or hindrance, or any challenge from the then Oniloda. It was after the demise of Oniloda Olaleye in 2011, that the defendants began to trespass onto the land and secretly selling same.

Defendants on the other hand, expressly denied that the land in dispute belonged to Aro Osakuajo family. According to them the land in dispute belonged to their family and they gave evidence of traditional history, acts of long possession and acts of ownership. The Aro of Ado Ekiti who is the traditional Chief of Aro family gave evidence acknowledging the Oniloda family as owner of the land in dispute. Similarly, a principal member of the said family gave evidence. Both sides filed and exchanged pleadings including a Statement of Claim and Amended Reply to the Statement of Defence of the respondents.

The respondents’ pleadings consist of the Statement of Defence. The appellant elicited evidence in support of his case through four witnesses and exhibits. The respondents led evidence in defence through five witnesses. After close of evidence by both parties and following the address of their respective counsel, the trial court rendered Judgment, holding that the appellant failed to discharge the burden of proof placed on him and dismissed the appellant’s case.

Dissatisfied with this Judgment, the appellant on the 29th day of April, 2014 commenced this appeal No: CA/EK/46/2014 by filing a Notice of Appeal on 5th day of May, 2014 containing five grounds of appeal.

In accordance with the practice of this court, both parties herein filed, exchanged and adopted their respective briefs of argument, which are: the appellant’s brief of argument, the respondents’ and the appellant’s reply brief.

The appellant’s brief of argument raised the following issues for determination:-