Chief Samuel Kasali Aribisala V. MR. Aminu Bello (2016)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

MOJEED ADEKUNLE OWOADE, J.C.A. (Delivering the Leading Judgment)

This is an appeal against the decision of the High Court of Ondo State sitting at Ikare-Akoko delivered by N. S. Adeyanju, J. on 8th day of April, 2013.

The Respondent as Plaintiff in the Court below took out a Writ of Summons against the Appellant as Defendant on 4/2/2009. By paragraph 19 of the Respondent’s statement of claim dated 24/3/2009 and filed on 26/3/2009, the Respondent claimed as follows:

“(1) An order of Court partitioning Odo Farmland, Agbaluku, Arigidi-Akoko, Ondo State of Nigeria into “IPAWO” Farmland and “IKODE” Farmland between the Plaintiff and the defendants respectively.

(2) An order of Court restraining the Defendants from further selling any parts of Odo Farmland without consent or permission of the Plaintiffs.”

The Appellant as Defendant in his statement of defence and counter-claim of 6-6-2009 counter-claimed against the Respondent in paragraph 23 of the statement of Defence thus:

“23 – Wherefore, the counter-claimant counter as follows.

(1) A Declaration that neither the Plaintiff alone nor his Lemamu

Bello branch of Ayijen or Olodo family can deal with the Ayijen family or Olodo familu land or any part therof without the consent and authority of the counter claimant who is the head of the Ayijen or Olodo family. Odo, Agbaluku Quarters, Arigidi-Akoko.

(2) An order of Court declaring as void all the sales or alienation of land by the Plaintiff of the Ayijen family or Olodo family land so far made.

(3) An order of injunction restraining the Plaintiff either by himself or any member of his Lemamu Bello branch of Ayijen family from further sales or alienation of the Ayijen or Olodo family land.

(4) A sum of N3,000,000 (Three Million Naira as General Damage for the illegal alienation or sales of the family land.”

The Respondent filed a Reply to statement of Defence and counter claim dated 17/5/2010 but filed on 10/6/2010.

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