Gbajumo Bunyan & Ors. V. A. O. Akingboye & Ors (1999)

LAWGLOBAL HUB Lead Judgment Report

MOHAMMED, J.S.C.

A parcel of land between the Oluwa and Oreana rivers in Okitipupa Division of Ondo State has been a source of dispute between the ljaw-Apois and Ilaje communities. The dispute has a chequered history. The first record of the dispute is from a civil suit filed by one Jubo, the Oba of the Ijaws, against one Omoluwole, the Amapetu of Mahin. The case was heard on 19th December, 1917, at Ondo Provincial Court, presided over by R.D.N. Raikes, a Colonial Resident.

In January, 1974, the respondents in this appeal, who were the plaintiffs before the trial High Court of Ondo State claimed against the appellants (defendants before the High Court) for the following declarations:-

“(i) Declaration of title according to customary law to all that piece or parcel of land situated at Kurugbene-Ipinle in Ilaje area of Okitipupa Division;

(ii) Forfeiture of the defendants’ customary tenancy of the said land;

(iii) Possession of the land.”

Before the trial opened, the trial court granted leave to Oba Samuel Oladiran II, the Kalashuwe of Apoi land to be joined in the suit as the 4th defendant. He appeared for himself and on behalf of Kurugbene community and other members off Ijaw-Apoi community. After the joinder, the 4th defendant filed a counter-claim and prayed for the following reliefs:

“(a) Declaration of title as absolute owner under Ijaw Apoi native law and custom of all that piece or parcel of land situate at, lying and being at Igbanran. Kofawe and Kurugbene (with the exception of Igbokoda) up to Ibila, portion of Ijaw Apoi landed properly in Okitipupa Division, Ondo State verged blue in the attached plan No. WP 419 dated 22-12-75.

(b) N200 being special and general damages for trespass.

(c) Injunction to restrain the plaintiffs their agents or servants from committing further acts of trespass on the said land.”

After pleadings were filed and exchanged, the trial opened and both parties called witnesses in order to establish their respective claims. At the conclusion of the hearing the learned trial Judge, in a considered judgment, dismissed the respondents’ claim. He however found the counter-claim of the 4th defendant meritorious and made the following declarations in his favour:

“(i) That the 4th defendant’s community are entitled to the customary right of occupancy to the land shown blue in plan WP 419 dated 18th November, 1979 excluding areas assigned or alienated to a third party;

(ii) N150 general damages for trespass;

(iii) an order of perpetual injunction to restrain the plaintiffs, their servants and agents from further trespass on the said land.”