Isaac Adebowale & Anor V. Johnson Oyeniyi & Anor (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 A. A. G. Onibokun J. delivered HIF/79/95 in suit No. in the High court of Justice, Osun State sitting at Ile-Ife.

The Respondents as Plaintiffs issued a writ of summons against the Appellants as Defendants on 25/5/1995. By their Amended statement of claim dated 8/2/2006, the Respondents (Plaintiffs) claimed against the Appellants (Defendants) in paragraph 40 (1) – (6) as follows:

1. Declaration that the members of Arowosile family is (sic) are entitled to equal acreage of land in the de-reserved area of Ife Forest reserve as compensation for the area of land acquired by the defunct Western State Government for the permanent site of University of Ife now Obafemi Awolowo University Ile Ife.
2. Declaration that the members of Arowosile family are entitled to Plots 31, 52, 54, 24, 36, 25, 65 and 41 in the de-reserved Ife Forest reserve as compensation for the area of land acquired by the defunct Western State Government for the permanent site of University of Ife now Obafemi Awolowo University Ile-Ife.
3. Declaration that Akui family is not entitled to more acreage of land in the de-reserved area of Ife forest than the number of acres acquired by the defunct Western State Government for the permanent site of University of Ife now Obafemi Awolowo University.
4. Declaration that the area now occupied by Akui family in the de-reserved Ife forest reserve which were earmarked for members of Arowosile family pursuant to affidavit swore by Isaac Adebowale Baale of Akui family on 7th August 1990 formed part of the area to which members of Arowosile family are entitled in the de-reserved area of Ife forest reserve.
5. Declaration that the Defendants cannot legally occupy, collect any form of rent or farm on the Area which was given to the Defendants pursuant to affidavit swore by Isaac Adebowale Baale of Akui family on 27th August 1990 which area formed part of the area to which the Plaintiffs members of Arowosile family is entitled in the de-reserved area of Ife forest reserve.
6. Injunction restraining the Defendants by themselves, their servants, agents privies or any person or persons whatsoever from managing or exercising any form of control or authority on any portion of the area to which the members of Arowosile family is entitled in the de-reserved area of Ife forest reserve.

Pleadings were filed and exchanged culminating into the Defendants/Appellants Amended Statement of Defence of 9/1/2007. The Respondents as Plaintiffs claimed that their Awosile family are the descendants of Lakata through Majodiyomi and that their Agbe family land was part of the land acquired by the Government of Western Nigeria via Notices Nos.392 of 13th March 1961 and 351 of 25th May 1964.

That they collected compensation from Government for the cash crops on this area of land part of which was used for the establishment of the then University of Ife (now Obafemi Awolowo University).

That sometimes in 1989 the Government of Oyo State redeemed its earlier pledge to re-settle land owners by allocating 13.852 acres of land to all land owners at the Ife forest reserve. That the plots allocated to the Plaintiffs Respondents family are number 31, 52, 54, 24, 36, 25, 65 and 41 on the Resettlement scheme for people displaced at University of Ife Oyere Aborisade Plan No.IFE 101 of 1986 and that the Appellants Akui family was allotted Plot No.14 on plan 735.

The Plaintiffs Respondents said they entered into possession of the plots and planted cocoa trees, Kola trees, orange trees etc on the plots so allocated to them until the Appellants unlawfully trespassed on their land. The plaintiffs Respondents averred further that the matter was reported to the Ooni of Ife who intervened by setting up a panel to look into the anomalies and the committee concluded that since the Defendants Appellants family did not protest when the name of the plaintiffs Respondents family was inserted on the plan for resettlement of displaced farmers, they (the Respondents) could no longer complain.

The Defendants Appellants on the other hand asserted that there was no one in the history of Moro Township handed down by the ancestors of the Defendants Appellants many years ago, whose first name or surname was “Lakata”, That Lakata was the alias of Inufinsa, the father of Bilewu – the first tenant of Ooni Ojigiri in Moro hinterland.

That the Plaintiffs Respondents were their tenants at Agbe and as a result, the land allocated to the Plaintiffs Respondents by Government which parcels of land were subsequently re-allocated to the Appellants by Ooni of Ife belonged to the Defendants/Appellants – Akui family.

Also, that they initially had the impression that the then Government wanted only to pay compensation for cash crops and that was the reason why they did not object to the payment for cash crops to the Respondents who are their tenants. But, that they were surprised when eventually instead of their names as descendants of Ojigiri appearing solely on the Government Resettlement Plans as owners of land, the names of the members of the Respondents family also surfaced as owners in plan Nos.IFE 44 of 1963 IFE 101 and also on Plan 735.

The defendants/Appellants further averred that the members of the Plaintiffs/Respondents family were among the dishonest tenants of Ooni Ojigiri, who illegally claimed the right of original ownership of plot Nos. 31, 52, 24, 25, 36, 41, 54 and 65 on which they farmed as tenants at the time of land acquisition and induced government surueyors to survey poftions of land on which they farmed individually in their names.

That, eventually, the Ooni of Ife, Oba Okunade, Olubuse II intervened and executed reversionary measure on Resettlement plan No. TPW 735, with a view to correcting the anomalies concerning the right of original ownership and authorized the Appellants to hold and use the plots of land allocated in replacement of the plots “illegally claimed by the Oyo speaking tenants of Akui family at Moro, in accordance to native law and custom as shown on Resettlement Plan No. TPW 735. Consequent, on this, the Appellants tendered allocation papers from the Ooni of Ife marked as Exhibits JOA 4 to JOA 18 in support of their case.

At hearing the Plaintiffs (Respondents) called three (3) witnesses while six (6) witnesses testified for the Defendant (Appellants). At the close of their respective cases, Counsel on both sides submitted written Addresses which they adopted. On the 10th of December 2012, the learned trial judge delivered his judgment. He disbelieved the traditional evidence of the Defendants/Appellants that the ancestors of the Plaintiffs Respondents were tenants of Ooni Ojigiri.

And, that in any event, traditional history is irrelevant in this case as such histories have been superseded by the Government acquisition and replacement of Agbe land by Government to the Plaintiffs/Respondents. The learned trial judge found in favour of the Plaintiffs in terms of their Claims/Reliefs.