Jimo Giwa Ogunloye & Ors V. Yisa Durosinmi & Ors (1975)

LawGlobal-Hub Lead Judgment Report

G. S. SOWEMIMO, J.S.C. 

 This is an appeal against the judgment of Bada , J., delivered at the High Court of Lagos State in the Ikeja Division on the 20th of September, 1973, in Suit No. IK/101/70.

“The plaintiffs’ claim in the Suit is:-
(1)  an account for the rents collected from October, 1969 to date by the defendants from the plaintiffs’ tenants by name:-
(a)    Aro
(b)   Ijebu Igbo
(c)   Affiran
(d)   Ayo
(e)   Azikiwe

(2)  injunction restraining the defendants from further collection of rent and/or any dues from the said tenants.”

The plaintiffs sued for and on behalf of the Ogunloye family of Agboyi Village and the defendants are sued in their own personal capacities. In the Statement of Claim the plaintiffs claimed that they are “the traditional owners of Agboyi Village and its environments from time immemorial.”

On the basis of this averment the plaintiffs claimed to have let some portions of the Village Farm to tenants for the purpose of cutting firewood therefrom. According to the plaintiffs they had been collecting rents from the tenants until they were disturbed in 1959. It was also averred by them that in 1958 one Bata Ajiboye who was then the Head of Odoyi Family at Agboyi Village sued three members of the present plaintiffs’ family individually for trespass and damages in Suit AB/53/58 and it was alleged that the claims in that suit were dismissed.

The plaintiffs also averred that since the judgment in the suit aforementioned, they had not been disturbed from 1961 until sometime in 1969 when their tenants ceased paying rents to them on the allegation that the defendants had forced them (tenants) to be paying rent to them (defendants) and it was for this that the plaintiffs had filed this action.

The defendants, in their Statement of Defence, denied the allegation of the plaintiffs and claimed ownership of Agboyi Village through settlement by their ancestors, and averred that it was their ancestors who brought Ogunloye to Agboyi and permitted him to live on a portion of the land. They claimed that there is a Communal Land in Agboyi which consists of:-
(a)    Ito Ogun
(b)   Ito Asan
(c)   Ito Kurudu
(d)   Ito Balegin
(e)   Ito Asuni
(f)    Ito Agboyi

The defendants claimed that Agboyi originally belonged to the Odoyi the first settler who migrated from Ile-Ife several years ago and founded Agboyi. They also claimed that Agboyi communal land as comprising six Itos belonged originally to Odoyi. The defendants also claimed that the plaintiffs are Ijebus and not Aworis and that their ancestors came from Ijebu Ode near Ikorodu.

Several other averments were made as to the shrines on the land which were being kept by the defendants. The defendant claimed that the plaintiffs and their ancestors were the tenants of Chief Oloto and Alhaji Ashafa of Lagos, in respect of an area of land in Ifako and that it was from that area that the plaintiffs were cutting materials for mats, and that this area is quite different from Agboyi land. With regards to tenants on the land, the defendants claimed that they had for the past 40 years had been tenants on the land and that the rents had been paid to the Chiefs and elders of Agboyi, that is, the present defendants and their predecessors, and that such rents were used for communal benefits, traditional sacrifices to their god, and for the general improvements of Agboyi land.

They also claimed that when the plaintiffs attempted in 1969 to lease Agboyi land to tenants they protested and that after the intervention of the Police and some important people the plaintiffs agreed to stop leasing Agboyi land without the consent of the defendants. They also claimed that the plaintiffs brought their six tenants before the Bale and the Agboyi chiefs and instructed them that they should pay their rents to the defendants. The defendants, however, said that they do not know Ore, Oro, Ayo and Azikiwe and so do not collect any rents from them.

Evidence was led by both parties to support their traditional history and the plaintiffs led evidence with regards to rents which they claimed were entitled to be paid to them. It must here be stated that although the plaintiffs claimed that they had six tenants on the land paying rents to them, the only witness called to support that averment was one Ijebu Igbo whom they had previously claimed to be one of their tenants.

After setting out the facts before him, the learned trial Judge came to this conclusion:-

“In all the circumstances, the plaintiffs have failed to discharge the onus of establishing their claim to the ownership of all the land at Agboyi. The traditional history offered by the 1st defendant is more probable from the facts disclosed in this case.”