Dinuola Akinbileje & Ors V. Chief Seriki Oguntobade & Ors (2013)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

CORDELIA IFEOMA JOMBO-OFO, J.C.A. (Delivering the Leading Judgment)

The plaintiffs/appellants claimed against the defendants/respondents at the Customary Court Idanre seeking:

i. A declaration that the plaintiffs are entitled to the grant of Customary Right of Occupancy over the six cocoa farmlands situate, lying and being at Igbotokun Camp, Idanre which cocoa farm and their boundaries are known to the defendants as described in suit nos. 154-158/98.

ii. N5,000 damages.

iii Cancellation of the purported agreement of sale of the said cocoa farm between the defendants.

iv An order of Accounts.

v. An order of perpetual injunction restraining the defendants whether by themselves, servants, agents or privies from trespassing unto or remaining on the cocoa farmland. The defendants/respondents also counter-claimed against the plaintiffs/appellants the following:

a. A declaration that the defendants are entitled to the grant of Customary Right of Occupancy over the five cocoa farmland situate, lying and being at Igbolokun, Idanre which cocoa farm are bounded as follows:

b. N5,000 damages for trespass.

c. An order of perpetual injunction restraining the plaintiffs whether by themselves, servants, agents or privies from trespassing unto or remaining on the cocoa farmland.

With the leave of the trial court granted 15th February, 2000 both the plaintiffs, claim and the defendants’ counter-claim were consolidated.

Following the decisions at the Customary Court, Idanre, the defendants took the case on appeal to the High Court of Justice, Akure. The appeal was argued and on 25th July, 2003, Hon. Justice O. Fagbe in a considered judgment held inter alia:

“In the result this appeal succeeds.

The judgment of the trial Customary Court dated 20th September, 2001 is hereby set aside in its place I enter judgment for the (?) in the following terms: