John Onisile V. Ojo Apo (2013)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

FATIMA OMORO AKINBAMI, J.C.A.: (Delivering the Leading Judgment)

The Appellant herein filed his Writ of Summons and Statement of Claim on the 19th of January, 2006. An amended Writ of Summons and Statement of Claim were subsequently filed on the 14th December, 2006 with the following reliefs namely:

(i) A declaration that the Plaintiff and his Onisile family are entitled to a right of occupancy of the said Itagba Elebe farm in dispute.

(ii) The sum of Three Million Naira (N3,000,000.00) being special and general damages for the continuous trespass to the Plaintiffs family farmland, lying and situate at Itagba-Elebe farm, along Aramoko Road, Ijero Ekiti.

(iii) Perpetual injunction, restraining the Defendant, his agents, privies and servants from entering the Itagba-Elebe farm land, property of the Plaintiff and his family.

The Respondent as Defendant at the lower Court with the leave of Court filed a further Amended Statement of Defence and Counter-Claim dated 27th January, 2009 filed on the 28th of January 2009 with the following reliefs namely:

(i) A declaration that the Elebe family farm belongs to the Defendants family (Dada Apo family).

(ii) A perpetual injunction restraining the plaintiff and or any member of Onisile family from further trespass of on the Elebe farmland.

(iii) The sum of Five Million Naira (N5,000,000.00) being general damages for the plaintiffs trespass on the farm.

The Appellant filed an Amended Reply to Statement of Defence and Amended Defence to the Defendant’s Counter-Claim on 4th February, 2009, with the leave of Court parties having fully exchanged pleadings, the suit was set down for trial.

The Appellant gave evidence as PW1 and called 4 additional witnesses who gave evidence as PW2, PW3, PW4 and PW5 respectively and said that the Appellant is the owner of the land.

The Respondent also gave evidence and called 3 additional witnesses who gave evidence as DW2, DW3 and DW4 respectively and asserted that Respondent’s great grandfather founded the land.

At the close of evidence, written addresses were ordered and exchanged.

The learned trial Judge delivered judgment on the 30th November, 2010 and dismissed Appellant’s case, while granting the Counter-Claim of the Respondent.