High chief sunmonu uwangwe & anor v. MR. Orisamadegun oshorunaiye & ors (2014)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

JAMES SHEHU ABIRIYI, J.C.A. (Delivering the Leading Judgment)

This is an appeal against the judgment of the High Court of Justice Ondo State, Owo Division dismissing the claim of the appellants who were the plaintiffs in that Court. The respondents were the defendants.

The claim of the appellants at the lower Court against the respondents was for the following:

“(a) A Declaration that the Plaintiffs’ Community is entitled to the Right of Occupancy for all that piece or parcel of land starting on the WEST WESTERN SIDE from Owo central Mosque down to Oshogboye moat running north wards along old Owo/Ikare road up to Uwese Stream/River AND on the NORTHERN SIDE from Uwese Stream running eastwards up to Alaaye farm road, AND on the EASTERN SIDE starting from intersection of Alaaye farm road and Uwese Stream/river downwards to old Owo/Benin road. And on the Southern side the old Owo/Benin Road.

(b) A declaration that the purported sale and or alienation of this afore stated piece or parcel of land or parts thereof by each of the 1st to 6th Defendants to different persons without the knowledge, consent or authority of the Plaintiffs’ Community is null and void and of no effect whatsoever.

(c) N50 Million damages for trespass against each of the Defendants.

(d) Perpetual injunction restraining each of the Defendants by themselves, their assigns, privies, agents or whatsoever acts through them from further trespassing, alienating or further alienating, dealing, occupying using, exploiting and going into the land property of Ijebu-Owo Community.”

The facts of the case include the following: The land in dispute according to the appellants became that of their community by partition when Owo kingdom was divided into two parts by Adedipe who gave Oludipe his Brother one part in appreciation for the brother’s assistance in his becoming Olowo of Owo. The appellants, the Ijebu Community of Ojomo has over the years exercised acts of ownership over the land. For example it granted land to the Ministry of Agricultural Resources Extension Service Division. It also granted land to the Colonial Government for Ifon and Owo reserves. It granted land to the 2nd respondent for building of a school. But after the takeover of the school by the Federal Government, the 2nd respondent started selling, occupying and using a vast area of the land outside the school land granted him by the Ijebu-Owo Community in 1962. The appellants’ community also granted land to the Church Missionary Society now Anglican Communion where it built two schools in 1942 and 1948. The 3rd Respondent has occupied part of the appellant’s land illegally and sold parts of it to several people.

The 1st respondent in defence stated that he was given the land by the Olowo in 1876. The appellants have no land in the area in dispute. No land outside Owo was shared to Oludipe or Ijebu-Owo community. Ijebu-Owo quarter and people are Owo people who live on Owo Community Land. No crown was shared to Ojomo. The Appellants only recently started separatist ideas.

The 2nd Respondent denied that he begged for land from the Ijebu-Owo Community.

The 2nd and 3rd Respondents denied that there was a separate piece of land belonging to Ijebu-Owo people. Rather all land within Owo Kingdom Ijebu-Owo inclusive remains Owo Communal Land and the land in dispute is part of it. That Owo Kingdom was not partitioned. That individuals and corporations in need of land in Owo normally, first apply to the Olowo-in-Council. The land granted to the Anglican Communion was conveyed by the then Olowo Oba Olagbegi.

The 2nd respondent denied selling parcels of land to anybody. The parcel of land on which Owo High School was built and pieces of land granted by the Late Chief Ajasin to indigenes of Owo were within the area allotted by Oba Olagbegi II on the intervention of youths of Owo.

The 2nd and 3rd Respondents denied the boundaries of land specified by the appellants.

The 5th Respondent on his part stated that their land was acquired in 1969 from the then Olowo of Owo. According to the 5th Respondent all land in Owo Kingdom including Ijebu-Owo remains communal land held in trust by the Olowo-in-council and the land in dispute is part of it. 5th Respondent denied that Owo Kingdom was ever partitioned. At the time the Olowo of Owo granted the land to the 5th respondent’s father in 1969 Ojomo chieftaincy title had been abolished. Therefore nobody could convey land to the father of the 5th Respondent apart from the Olowo of Owo. The grant to the Anglican Communion 5th respondent said was by the Olowo of Owo.