Egbinola A. Olaleye & Others V. Alimi Akano & Others (2007)

LawGlobal-Hub Lead Judgment Report

CHIDI NWAOMA UWA, J.C.A.

This is an appeal from the judgment of the High Court, Ibadan, delivered on 19th July 1979, in which the claims of the plaintiffs were refused by the learned trial Judge, Hon. Justice K. Ibidapo Obe.

“The Plaintiffs claims against the defendant is for the sum of N1,000.00 being special and general damages for the trespass committed by the defendants during the month of October 1975 when the defendants during the month of October 1975 when the defendants and/or their agents entered the farmland in possession of the plaintiffs at Podo Area (a plan of which will be filed later) and the 5th defendant/his agents or servant thereby plucked the cocoa seeds of the plaintiffs and carried them away.

Injunction restraining the defendants, their agents or anyone claiming through them from committing any further acts of trespass on the said farm land and in plaintiffs’ possession.”

In that court, pleadings were ordered and exchanged and the plaintiffs’ case was that the plaintiffs and defendants are members of Aladorin family of Aladorin compound, a name derived from the seventy rooms built by the plaintiffs and defendants’ families.

The plaintiffs are descendants of Salako while the defendants’ are the descendants of Osuntoyinbo. Salako settled at Podo, the land in dispute, Osuntoyinbo (the grandfather of the 1st, 2nd and 4th defendants) settled at Alomaja 9 miles away from Ibadan on Lagos Road. The plaintiffs claimed to have been exercising several acts of possession over the land in dispute until the 5th defendant began trespassing on the land. While the defendants’ case is that the family has always held lands as a unit at Isale Osi, where the Aladorin compound was founded, Podo and Alomaja area of Ibadan along Lagos Road and other places; and that the family has held these lands as a unit in undisturbed possession for farming and residential purposes, sold and leased parts of the family land to non family members. In the same way sometime in 1973 following a family meeting sold some portions to the 5th defendant who took possession of the land which led to the action in which the plaintiffs claimed exclusive title to, and damages for trespass.

It is not disputed that appellants and respondents are members of the same family, the Aladorin family of Isale Osi in Ibadan. The progenitors of the family were Osuntoyinbo and Salako who were born of the same parent Alao, both came from Iba Oluyole and settled at Isale Osi in Ibadan, Osuntoyinbo became the first Mogaji (head) of the family being older than Salako.

The plaintiffs/appellants and the then 3rd defendant belong to the Salako section of the family while the 1st, 2nd and 4th defendant, belong to the Osuntoyinbo. The 1st defendant is the current Mogaji of the family who took over from the appellants’ direct father (Olaleye) who was his immediate predecessor.

At the end of the hearing, the learned trial judge refused the claims of the plaintiffs now appellants. Dissatisfied with the judgment the plaintiffs have appealed to this court. The appellants (then plaintiffs) initially filed a Notice of Appeal containing three (3) grounds, later with the leave of court filed five (5) additional grounds of appeal.

The appellants formulated three (3) issues for determination and these are:

(1) “whether the evidence of boundary men in this case was not sufficient to prove the plaintiffs case.

(2) whether the learned trial judge properly applied the rule in Kojo II v. Bonsie before rejecting the plaintiffs claim.

(3) Whether the learned trial judge ought to have rejected the plaintiffs case based on the totality of the evidence led before him.”

The respondents also formulated three (3) issues for determination which were similar to those of the appellants but differently couched. I adopt those of the appellants for the resolution of the issues.