Joshua Ogunleye V. Babatayo Oni (1990)

LawGlobal-Hub Lead Judgment Report

S.M.A.BELGORE, J.S.C.

The plaintiff/appellant took out a writ claiming before the High Court of Oyo State, sitting at Ilesha in Ilesha Judicial Division,the sum of N25,000.00 from the defendant/respondent for the act of trespass on a piece of land at Osu by the defendant. He also asked for perpetual injunction against the defendant, his servants, agents, privies or anyone claiming through the defendant from any further act of trespass on the land.

The appellant based his claim on two premises, to wit, native law and custom, and on statutory Certificate of Occupancy granted him by the Governor of Oyo State on the same land on 27th day of June, 1983. The issues involved in the pleadings could be seen clearly by reproducing parts of the statement of claim and statement of defence:

Statement of Claim

(1)….

(2)….

(3) The plaintiff avers that on or about 16th day of January, 1978 he was granted a parcel of land at ARIKESE Street, along Ife/llesa Road, Osu by the Osu community.

(4) The plaintiff avers that the grant was made under native law and custom and the grant was evidenced by a document.

(5) Plaintiff avers that the land granted him measured about 200 feet and faced Ife/llesa road.

(6) Plaintiff avers that the grant was made to him to build a petrol station.

(7) Plaintiff avers that he immediately went into possession and started to exercise all acts of ownership without anyone disturbing his possession or ownership thereof.

(8) Plaintiff avers that he caused the land granted him to be surveyed by A.B. Apatira, who prepared him a survey plan 2142. Plaintiff will rely on this survey plan at the hearing of the case.

(9) Plaintiff avers that he later applied for a Certificate of Occupancy and was granted one dated 27th day of June, 1983 and registered as No. 30/30/2514 of the lands registry in the office of Ibadan (plaintiff pleads the Certificate of Occupancy).

(10) Plaintiff will contend that on his application for Certificate of Occupancy that his claim in respect of the land was advertised and that there was no objection filed to his application.