Idris Oloyede Asanike V. Mrs. Ojuolape Akinleye & Anor (2013)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

CHIDI NWAOMA UWA, J.C.A. (Delivering the Leading Judgment)

This appeal is against the judgment of the Oyo State High Court, presided over by S. Olu Akinola, J, sitting at Ibadan. The  Appellant was the Plaintiff before the trial court while the Respondents were the defendants in an action instituted for trespass on a piece of land at Bioku village Akanran Ibadan and for injunction, while the respondents counter claimed for declaration, damages for trespass and injunction. The Appellant as plaintiff in the lower court claimed as follows:

“Whereof the Plaintiff claims against the defendants as follows:-
(a) N5,000.00 General damages for trespass committed on the land of the plaintiff at Emu village Akanran Road Ibadan more particularly shown and marked red in Plan No.LSAT/Y191 (Registered Surveyor).

(b) Perpetual injunction restraining the defendants their agents, servants or privies or any person claiming through them from committing further acts of trespass on the said land.

(c) Any further order(s) as this Honourable court may deem fit and proper to make in this circumstances.”

While the respondents counter claimed as follows:

“Whereof the 2nd defendant counter-claims against the Plaintiff as follows:-
(a) Declaration that the 2nd defendant is the person entitled to the grant of Statutory Right of Occupancy to all that piece and parcel of land lying and being at Bioku village Idi Osan, Moga Area, Akanran Road. Ona Ara Local Government Area, Ibadan shown and demarcated on plan No.AOO/1992 OY/117 dated 10th November, 1992 drawn by A. O. Oyegbola, Registered Surveyor of Ibadan, measuring 2436.604 square metres or thereabout.

(b) N1,000.00 (One thousand Naira) general damages for trespass committed on the said land in April, 1995.

(c) Perpetual injunction restraining the plaintiff by himself his servants, agents and privies from committing any further trespass on the land in dispute.”

On the part of the respondents, it was contended that the appellant who said he derived his title from Gbadamosi Ajani, who bought his land from Amusa Akofe did not say how Amusa Akofe got his title to the land in dispute as well as the vast land claimed by the appellant.

The respondents claimed that the land in dispute was originally part of the landed property Oyagere settled upon under native law and custom, see paragraphs 5-13 of the amended statement of defence and counter claim, pages 58 – 60 of the records. It was contended by the respondents that it was from Busari Oladepo Oyesiji that Akofe derived his title and that the portion of land now in dispute was not part of the land sold to Akofe, based on which the trial court dismissed the appellant’s case and granted the counter-claims of the respondents.

At the close of trial the learned trial judge dismissed the case of the appellant and granted the counter claims of the respondents. Dissatisfied with the judgment, the appellant appealed to this court. From his seven (7) grounds of appeal three (3) issues were distilled for determination by this court. They are:
1. “Whether Exhibit ‘2’ Olorunsogo Ibadan Grade ‘C’ Customary Court Judgment in Suit No.154/91 between GBADAMOSI AJANI VS. OLADEPO YUSUF on the land in dispute constitute an estoppel in this case and if so.

2. Whether the Appellant has successfully traced his title to the (sic) declared owner of the land in dispute as to be entitled to judgment.

3. Whether in view of the pleadings of parties and evidence in this case, the 2nd Defendant/Respondent could be said to have proved his entitlement to the land in dispute/ his counter claim”.