Gilbert Akindoyin Awomuti V. Alhaji Jimoh Salami & Ors (1978)

LawGlobal-Hub Lead Judgment Report

ESO, J.S.C.

This appeal is against the decision of Adeoba, J., sitting at Ikeja High Court. In that court, the plaintiffs, who are the respondents in this appeal, had sought –

“1.declaration of title and possession of a plot of land measuring approximately 50 feet by 100 feet situate lying and being at No. 11, Ijero Street, Ikate in Lagos State;

2. general damages of N200 for trespass; and
3. injunction restraining the Defendant, his agents and/or servants from further trespassing on the said land.”

The court ordered pleadings and they were delivered. The case of the plaintiffs, as stated in their Statement of Claim, is that they got a grant of the land in dispute from the Ikate Chieftaincy family. That family, plaintiffs alleged, had been the absolute owners, under native law and custom, from time immemorial, of a vast area of land at Ikate. The Statement of Claim went on-

“6. The Plaintiffs also aver that the said Ikate family put them in possession of the said piece of land and they erected a temporary building on it for a place of worship as a mosque;

7.The Plaintiffs further aver that the Defendant through his servants/agents entered upon the said piece of land and broke down their temporary mosque;

8.The Defendant in spite of several warnings persists in his trespass and claim to the said land.”

The defendant/appellant filed a Statement of Defence which was later, with the leave of the court, amended. The amended Statement of Defence, which pleaded the title of the defendant to the land in dispute, traced that title to the same Ikate family (the source of the plaintiffs’ title). It also pleaded some terms of settlement between the representatives of the immediate grantor of the defendant, Chief Ajao, and the Ikate family. The material paragraphs of the amended Statement of Defence are reproduced hereunder –

“2.The Defendant does not admit or deny paragraph 3 of the statement of claim that the land, the subject matter of this action, is at No. 11 Ijero Street, Ikate but avers that Plot No. 257 in Ajao’s allotment at Ikeja Division was sold to him by Chief Joseph Adediran Ajao.

3.The Defendant avers that the areas of the land sold to him according to the plan attached to the Deed of Conveyance in his favour was 579.95 square yards and not 665.98 square yards according to paragraph 4 of the Statement of Claim.

4.The Defendant further avers that this plot of land No. 257 was a portion of the vast area of land about 67 acres sold to Chief Joseph Adediran Ajao by Kasali Idowu, Bale of Ikate village, Abudu Raimi Apena and Mojidi Idowu for themselves and on behalf of Ikate family comprising Aiyerun family, Gbadamosi Idowu family and Owuremi by virtue of a Deed of Conveyance dated 15th March, 1956 and registered as No. 46 at page 46 in Volume 145 of the Federal Lands Registry, Ibadan.

5.The Defendant avers that Chief Joseph Adediran Ajao (his vendor) divided this vast area of land into several plots, plot 257 of which he bought from him without any notice of incumbrance or existence of other members of Ikate Chieftaincy Family.

6.The Defendant avers that by a Deed of Conveyance dated 27th March, 1962 and registered as No. 34 at page 34 in Volume 545 of the Land Registry in the office at Ibadan, Chief Joseph Ajao as Beneficial owner sold the said plot of land, plot No. 257 to him for a sum of N600.00 paid between 9/5/61 and 4/8/61.

7.”The Defendant also avers that Chief Joseph Adediran Ajao put him in possession of the said piece of land and he not only put signboard “THIS LAND BELONGS TO OBA G. A. AOMUTI” on the piece of land, but he also fenced the land and several times cultivated it since the year 1962 and has started to erect a building thereon under an approved plan.