Deacon J.k. Oshatoba & Anor V. Chief Johnson Olujitan & Anor (2000)

LAWGLOBAL HUB Lead Judgment Report

IGUH, J.S.C.

This is an appeal against the judgment of the Court of Appeal, Kaduna Division which had on the 20th day of April. 1992 allowed the appeal of the plaintiffs from the decision of the appellate division of the High Court of Justice, Kwara State, holden at Okene.

The plaintiffs for themselves and as representing the people of Iffe had at the Divisional Area Court, Kabba instituted an action against the defendants for themselves and on behalf of the people of Ekinrin, claiming ownership of the piece or parcel of land situate between the Osun river and the other lands of the plaintiffs. The suit was subsequently transferred to the Upper Area Court, Lokoja by the Inspector of Area Courts, acting under powers conferred on him by virtue of the provisions of section 48(2) of the Kwara State Area Courts Law, 1967.

At the subsequent trial, both parties testified on their own behalf and called witnesses.

It is not in dispute that the plaintiffs and the defendants, the Iffe and Ekinrin people, respectively, are two different communities in the Ijumu Local Government Area of the then Kwara State. The defendants are the representatives of the Ekinrin Community whilst the plaintiffs prosecuted this action for and on behalf of the Iffe Community. Both communities laid claim to ownership of the land in dispute. Each side claimed that the land in dispute was founded by its ancestors and led copious evidence in this regard. The plaintiffs, in particular, claimed that they are the landlords of the defendants and that the defendants had encroached and trespassed on the other lands of the plaintiffs not granted to the said defendants. This piece of evidence was denied by the defendants. At the close of evidence, the trial Upper Area Court inspected the locus in quo and made copious notes in respect thereof. Thereafter, it proceeded to evaluate all the evidence adduced before the court and preferred the testimony of the plaintiffs to that of the defendants, Said the Upper Area Court-

“We are satisfied with the case of the plaintiffs that they gave lands to both Ekinrin and Egbeda and that Ekinrin, because they have been long where they now stand are trespassing where they Were not given. This should not be allowed without the express permission of their landlords. We therefore find for the plaintiffs and hand down the following order.

Order:

We order that Ekinrin community should desist from parading themselves as the owners of the land from Ogbokoewe down to Osoun to Oyi and Obaru river Onopa down to the old sand heap which they said is the old boundary between Ekinrin and Ikoyi. We also order that they should recognize Ogu and Oye families of Iffe as their landlords. We finally order that Ekinrin should confine herself to the area given them by their landlords.”

Dissatisfied with the said judgment, the defendants lodged an appeal against the same to the appellate division of the High Court of Justice, Kwara State, holden at Okene. That court, in a unanimous judgment, allowed the appeal, set aside the decision and orders of the trial court and concluded as follows-

“For this and other reasons canvassed in this judgment, we think that the investigation of the claims of the parties by the trial court including the ascertainment of the rights of other prospective interested persons who are likely to be affected by the outcome of this case was perfunctory as it ignored some material aspects of the adjudication of the matter in dispute. Consequently this appeal is bound to succeed and it is allowed. We set aside the judgment of the Upper Area Court in suit No. UAC/CVL/30/84 given on 10/6/85 in the dispute between the parties before us…..

We feel that the proper order to make in the peculiar circumstances of this case is one of a non-suit and we order accordingly.”

Aggrieved by this decision of the appellate High Court, both parties lodged appeals’ to the Court of Appeal, Kaduna division, which court, in a unanimous decision, allowed the appeal of the plaintiffs in lull and that of the defendants in part. It accordingly set aside the decision and orders of the appellate High Court and restored the judgment of the trial Upper Area Court. The defendants were dissatisfied with this decision of the Court of Appeal hence the present appeal to this court. I shall hereinafter refer to the plaintiffs and the defendants in this judgment as the respondents and appellants respectively. Three grounds of appeal were filed by the appellants against this decision of the court below. It is unnecessary to reproduce them in this judgment. It suffices to state that the appellants, pursuant to the rules of this court filed their brief of argument in which three issues were identified for the determination of this court. These are as follows –

“(i) Whether the Upper Area Court has jurisdiction to adjudicate on an inter-tribal boundary dispute.

(ii) Whether the lower court was right in dismissing the appellants’ cross-appeal at all and without considering grounds 1 and 3 of same.