Chief (Mrs) T. A. Adegebo & Anor V. Otunba Babatunde Owokalu (2013)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

CHIDI NWAOMA UWA, J.C.A., (Delivering the Leading Judgment)

The Appellants were the Plaintiffs in Suit No. I/763/2005 in the Oyo State High Court, at Ibadan Judicial Division, presided over by M. O. Olagunju, J, on 28th day of June, 2010. In the trial court the plaintiffs claimed against the Defendant as follows:

“1. Possession of that piece or parcel of land with building thereon lying, situate and being at No. 29, (also called Plot A1, Housing Corporation Estate, Old Bodija, Ibadan) Adeyi Avenue, Old Bodija Estate,

Ibadan now illegally and unlawfully occupied by the Defendant or any other person or persons deriving title from him.

2. Twenty Million Naira (N20,000,000.00) general damages for the wrongful occupation of said building without the permission and authority of the Plaintiffs or the lawful use of the said building. ”

At the close of trial, judgment was given against the Plaintiffs. Dissatisfied with the judgment the Plaintiffs appealed vide their Notice of Appeal containing five (5) grounds of appeal from which four (4) issues were formulated for determination. They are:

ISSUE ONE – Based on grounds one and two.

“Whether the Appellants claims were Statute Barred by virtue of the provisions of Section 4(1) of the Limitation Law of Oyo State CAP 76 Laws of Oyo State 2000.

ISSUE 2 – Based on Ground 3

Whether the learned trial judge was correct in expunging Exhibit D from the record of the proceedings.

ISSUE 3 – Based on Ground 4

Whether the learned trial judge was correct in holding that Exhibit C did not establish the payment of the purchase price by late Engineer Tony Adegebo.

ISSUE 4 – Based on Ground 5

Whether the learned trial judge was correct in holding that Exhibit E has no evidential value.”

On the Respondent’s part, the learned Counsel to the Respondent, conceded the Appellants’ first issue and thereafter formulated a sole issue for the determination of the Appeal. The issue is: