Fatai Egunjobi & Ors V. Chief Salisu Oluwo & Ors (2016)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

HARUNA SIMON TSAMMANI, J.C.A. (Delivering the Leading Judgment)

This appeal is against the judgment of the Ogun State High Court, Coram O. O. Olopade, J (as he then was) sitting at Abeokuta, delivered on the 19th day of April, 2010 in Suit No. AB/221/2001.

By Paragraph 96 of the Further Amended Statement of Claim and Plan, the Respondents who were Plaintiffs before the trial Court sought for the following reliefs:

1. A declaration that the Plaintiffs? family (Orunmakinde Family) is entitled to a Customary Right of Occupancy to a piece or parcel of land situate, lying and being at Ijere in Egba Owode area of Obafemi/Owode Local Government area of Ogun State of Nigeria.
2. N25,000.00 damages for trespass committed by the Defendants by going on the area in dispute without the consent or permission of the Plaintiffs.
3. An Order of Injunction restraining the Defendants, their agents, servants and privies from committing any further acts of trespass on the said land.

Issues having been joined the suit went to trial. The Plaintiffs/Respondents called eight (8) witnesses while the Defendants/Appellants called

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five (5) witnesses. Learned Counsel submitted Written Addresses and in a considered judgment delivered on the 19/4/2010, the learned trial Judge found in favour of the Plaintiffs/Respondents and granted all the reliefs sought by them. The Defendants, now Appellants, were dissatisfied with the judgment and have therefore filed this appeal.

The Original Notice of Appeal was dated the 15th day of July, 2010 and filed the same day. The said Notice of Appeal was amended by leave of this Court. This Appeal has therefore been heard on the Amended Notice of Appeal dated the 20/4/2016 and filed on the 22/4/2016. It consists of four (4) Grounds of Appeal, which time and the need for brevity will not permit me to reproduce here. It suffices to state that, the parties complied with the Rules of this Court by filing Briefs of Arguments.

The Appellants? Brief of Arguments is that dated the 20/4/2016. Four issues were distilled therein for determination as follows:

1. Whether the lower Court ought to have exercised jurisdiction over an action commenced by incompetent originating process.

(Distilled from Ground 3)

2. Whether the traditional

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evidence led by the Respondents was coherent and conclusive enough to entitle them to judgment in their favour.

(Distilled from Ground 1)

3. Whether the land, subject matter of the action was sufficiently identified to entitle the Respondents to judgment in their favour.

(Distilled from Ground 2)

4. Whether the judgment was not against the weight of evidence. (Distilled from Ground 4).

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