Joseph Oyewole V. Karimu Akande (2009)

LAWGLOBAL HUB Lead Judgment Report

A. OGUNTADE, J.S.C. 

The appellant was the plaintiff at the Ila High Court of Osun State. He had brought the suit as the representative of Agbedegbede family against the respondent as the defendant. He claimed the following relief:

“Possession of the 8 shops and one living room occupied by the defendant as a license of the plaintiff’s family which occupation had been determined ex-gratia by notices on 29/12/88 and 31/1/89 respectively. The defendant is still holding out in the said 8 shops and one living room despite the said notices.”

The parties filed and exchanged pleadings after which the case was tried by Bada J (as he then was). On 6/05/96, the trial Judge gave judgment in favour of the plaintiff/appellant as in line with his claim. The present respondent was dissatisfied with the said judgment. He brought an appeal against it before the Court of Appeal, Ibadan (hereinafter referred to as ‘the Court below’). On 19/11/02, the court below allowed the appeal. It dismissed the plaintiff/appellant’s claim. The plaintiff has now come before this court on a final appeal against the judgment of the court below. In the appellant’s brief filed, the issues for determination in the appeal were identified as these:

“i) whether the lower court was right in overturning the findings and decision of the trial court when such findings and decisions are products of evaluation of evidence by the trial court after hearing and watching demeanour of the witnesses or

ALTERNATIVELY:

i) Whether the Justices of the lower court were right in substituting their views or evaluations for those of the trial court.

ii) whether the lower court is right in reversing the judgment on the basis of its assumption which have (sic) no support from the evidence on record.

iii) whether the lower court was justified in revising the judgment of the trial court simply because the trial court referred to his (sic) record when indeed there are other materials, evidence supporting the finding/decision of the trial court aside the facts contained in the affidavit referred to in the record”

The respondent, in his brief adopted the issues for determination as formulated by the appellant. It is appropriate to point out that following the death of the original defendant, the present respondents were substituted for him.

I intend to discuss the pleadings of the parties upon which the case was heard by the trial court in order to expose the true issues in contest in this appeal. The plaintiff/appellant in paragraphs 3 to 17 of his amended statement of claim pleaded the nature of the dispute between the parties thus:

“3. The defendant is a famer and resides at Agbedegbede’s Compound, Ila-Orangun.

4. The defendant is the son of one Abatan (now dead) whose family house is at Ojabebe’s compound, Ila-Orangun whilst the defendant family house is at Ododo’s compound, Ila-Orangun.
5. During his lifetime Abatan seduced someone’s wife from his father’s compound (Ojabebe’s compound) and fled with the woman to take refuge at Agbedegbede’s compound.
6. He was offered refuge within the plaintiff family house where he lived until he died about 22 years ago, at which time the defendant was a passenger tout at the Ondo motor garage.
7. The defendant came from Ondo to perform the burial ritual of his late father Abatan but thereafter asked one Adeniran then head of the plaintiff’s family to be allowed to remain temporarily in his room hitherto occupied by his late father. (in the plaintiff’s compound) but Adeniran turned down the request that was about 15 years ago.
8. The defendant then enlisted the assistance of the incumbent Orangun of Ila Oba William Ayeni to prevail on Adeniran allow him to occupy the room where his father died until his personal house then under construction at Odode’s compound (defendants mother’s compound).
9. The Orangun of Ila Oba William Ayeni pleaded with Adeniran to allow the defendant live in the room thereupon the defendant was allowed to live in the room until he completed his said house.
10. The defendant completed his own house but instead of moving into it rented it out.
11. The defendant about 13 years ago advised the plaintiff to allow prospective tenants to convert some apartments in the plaintiff’s compound into shops in order to raise funds to repair the family compound which funds shall begin to accrue from rent collected after such tenants have used up the sum expended on building the shops.
12. The plaintiff confronted the defendant about the deceit and demanded the payment to him of all monies hitherto realized by the defendant by way of rent from the shops.
13. The defendant retorted by concocting unfound allegations against some outspoken members of the plaintiffs family and getting the police to arrest them.
14. The plaintiff thereafter demanded vacant possession of the shops and the room occupied by the defendant as Licensee of the plaintiff’s family but the defendant used all sorts of tactics (e.g. use of charms, harassment physical threats, etc.) to remain in occupation of the shops and room.
15. Agbedogbede’s compound was built by Igbonibi the founder of Ila for his son Agbedegbede .
16. Agbedegbede family is a ruling house at Ila and the members are princes and princesses of Ila-Orangun.
17. The defendant has long completed his own house at Ododo’s compound (defendant’s mother’s family compound) but instead of moving into the house as promised, he sat tight in Agbedegbede’s compound terrorising the family and exploiting their resources.

The defendant in paragraphs 2 to 21 of his statement of defence pleaded thus:

“2. The defendant admits paragraph 4, of the statement of claim only to the extent that he was Abatan’s son but denies every other averment contained therein.