Duro Adereti & Ors v. Alhaji Tajudeen Oke Substituted For Oba-lamidi Oke (2024)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

YUSUF ALHAJI BASHIR, JCA (Delivering the leading judgment)

This appeal is against the decision of the Osun State High Court delivered on 17th day of May, 2017 where the appellants as plaintiffs claim against the respondent the following reliefs:-

a. Declaration that the plaintiffs are entitled to the statutory right of occupancy in respect of the parcel of land lying and situate at Awosun Village, Ife/Ilasa Express way, Ile-Ife Osun State of Nigeria, which is delineated on the dispute survey plan No: OS/0236/DISP/2012/009 dated the 3rd February, 2012 drawn by Surveyor Femi Falade and verged BLUE.

b. The sum of N50,000,000.00 (fifty million naira only) being general damages for the trespass committed by the defendant on the land in dispute, lying and situate at Awosun Village, Ife/Ilasa Express Way, Ile-Ife, Osun State of Nigeria.

c. Perpetual injunction restraining the defendant, his agent, servants and/or privies from committing acts of trespass on the land in dispute.

The respondent on the other hand upon denying the appellants allegation proceeded to make the following counter-claim in his further amended statement of defence. Dated 3rd November, 2016 in the following terms:

i. Declaration that only the defendant who is now the counter claimant is entitled to be granted the statutory right of occupancy of the parcel of land situate, lying and being at Tafa Jerin otherwise referred to as Oke Awosun, Ipetumodu, Osun State, and bounded as follows:-

On the 1st side by Sakin and Yesufus Cocoa Farms.

On the 2nd side by Awosun Stream.

On the 3rd side by Ife/Ibadan Old Road.

ii. Declaration that the plaintiffs, their servants, agents, privies and/or anybody claiming through or under them have no right to erect any wall fence or structure on the parcel of land described in (i) above.

iii. Sixty million naira only (N60,000,000.00) general damages for the trespass committed on the parcel of land described in (i) above by the plaintiffs, their servants, agents and/or privies between May and October, 2010.

iv. An order of perpetual injunction restraining the plaintiffs, their servants, agents and/or privies from further committing any act of trespass on the parcel of land situate, lying and being at Tafa Jerin otherwise referred to as Oke Awosun, Ipetumodu, Osun State. (See page 287 of the records of appeal).

After listening to evidence and considering address from their respective counsels the trial court eventually dismissed the plaintiffs claims and then granted the respondents counter-claim, in its judgment contained at pages 419 – 432 of the records of appeal.