Chief Lisadoko John Orotusin V. Chief Joseph Akinbinu Akinnawa (2016)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

MOHAMMED AMBI-USI?DANJUMA J.C.A. (Delivering the Leading Judgment)

On the 30th of June, 2008, His Lordship, honourable Justice A.O. Odusola, J of the Ondo State High Court sitting at Akure Judicial Division had entered judgment in favour of the plaintiff herein and against the Defendant/Appellant herein and in the following terms:-

(a) “Declaration that the plaintiff is the person entitled to be granted the Certificate of Statutory Right of Occupancy over a piece or parcel of land lying, being and situate at old Ondo – Okeigbo Road, (now referred to as Funbi – Fagun Road Ondo and old Epe – Onigbo ancient foot path less 700 feet x 785 feet sold to the Defendant father within the plaintiff’s land.

b. …………………….

c. ……………………

d. …………………….

?Aggrieved by the aforesaid decision, the Defendant lodged this appeal upon 6 grounds of Appeal on 9 – 7 – 2008 and 4 additional grounds of appeal; and upon which the parties transmitted the record of Appeal and filed all processes which include the Appellant’s Brief of Argument and the Reply to the Respondent’s Brief of Argument and a Reply to

a cross – Appellant’s Brief of Argument.

On his part, the Respondent filed a Respondent’s Brief of Argument and a Cross – Appellant’s Notice and Grounds of Appeal upon which he filed a cross appellant’s Brief of Argument and a Reply to the Cross – Respondent’s Brief of Argument.

It suffices to state that some of the processes were filed out of time upon the leave of this Honourable Court.

The Appellant, by his Appellant’s Brief of Argument in Appeal No. CA/B/377/2008 formulated 4 (Four) Issues for determination to wit:

1. Whether the Appellants grantor’s title is in issue and if yes whether it has not been well pleaded and proved by oral evidence.
2. Whether upon a proper evaluation of Exhibits ‘G’ and ‘K’, Exhibit ‘G’ does not acknowledge the existence of Exhibit ‘K’.
3. Whether from the state of pleadings and the evidence adduced by the parties, to the suit, the respondent has satisfied the requirement of the law by discharging the burden of proof with a degree of certainty, the description, extent, size and nature of the land that he wants a declaration of title to be granted.
4. Whether the Respondent has proved the root

of his title to the land he is laying claim to.

On his part, the Respondent formulated 4 issues in the main appeal and a sole issue in the cross- appeal.

At this stage, I am concerned with the main or substantive appeal, wherein the issues are thus:-