High Chief Lisa Akinsola & Ors V. Chief P. A. Akinwehinmi & Ors (2014)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

MOJEED ADEKUNLE OWOADE, J.C.A.: (Delivering the leading Judgment)

This is an appeal against the judgment of the Honourable Justice F. O. Aguda-Taiwo in the Ore Judicial Division of the Ondo State High Court Holden at Ondo State delivered on 27th October 2008.

The Respondents as Plaintiffs instituted action against the Appellants as Defendants in the Ore Customary Court Holden at Odigbo. The Respondents claims against the Appellants dated 1/2/2007 as contained on page 4 of the printed record are as follows.

“The plaintiffs claim against the Defendants are as follows.

1. A declaration that the Plaintiffs are entitled to customary right of occupancy over that large expanse of land situate, lying and being at Ofefe, after river Ore, known as “Ofefe land” in Ore Odigbo local Government Area of Ondo State which land is bounded as follows:

a. On the first side by Orunsero family land.

b. On the second side by Adegbehin family land.

c. On the third side by Adegbehin family land.

d. On the fourth side by old Agbabu Road.

A declaration that the sale, purported sale, allocation and partitioning of any part of the said land by the Defendants or any of the Defendants to any person whosoever is null and void and of no legal effect whatsoever.

N2,000.00 general damages against the defendants for trespass committed by them and their agents on the disputed land.

An order of perpetual injunction restraining the Defendants their agents or privies and anybody whosoever claiming through them from committing trespass or further trespass on the land in dispute”.

The case of the Respondents as Plaintiffs is that both Akintimehin the progenitor of the Appellants and Orisadiyelomo, also known as Sadoyele were both children of Madam Ogunbi. That Madam Ogunbi at first bought a large expanse of land from the Orunsero family stretching from the back of Origbara River to Omi Ore for the benefit of all his children.

That later, after the demise of his son Akintimehin (who predeceased Madam Ogunbi) and the subsequent victimization of Orisadiyelomo and her children by the children of Akintimehin, Madam Ogunbi went back to Orusero to ask for a small land for Orisadiyelomo who was her first female child (Aremobirin) to avert further victimization from the children of Akintimehin. That the land in dispute which Madam Ogunbi bought for Orisadiyelomo started from Omila Kurudu to Omi Ateni and that the boundary is before Adegbehin and Orunsero land.

The Appellants on the other hand claimed that after the death of madam Ogunbi, Akintimehin and his children settled on the land. That the female children of Akintimehin had nothing to do with the land in dispute since they were married. That it was incorrect and misleading to say Akintimehin died before Madam Ogunbi or that Ogunbi bought the land for Orisadiyelomo.