Karimu Olujinle V. Bello Adeagbo (1988)

LawGlobal-Hub Lead Judgment Report

NNAEMEKA-AGU, J.S.C.

This is an appeal against the decision of the Court of Appeal, Ibadan Division. In point of fact, it is an appeal against the concurrent decisions of three courts, each of which had found against the appellant.

In the Ibadan City No.2 Grade ‘A’ Customary Court, the plaintiff claimed against the defendant:

“possession of the Shop at Bere Square, Ibadan, which the defendant holds as tenant to the plaintiff after repeated demand for possession.

The plaintiff also claims #36 (thirty six pounds) being arrears of rent for 6 (six) years, from 1st October, 1966, to 30th September, 1972 at 10pence per month.”

The case came up for trial before Chief A.L. Obisesan, the Chief President of the Customary Court. At the hearing parties called their witnesses and tendered some documentary exhibits, including:

(i) Exh. A, that is a certified copy of the proceedings in suit No. CV/96/72 between the present defendant, as plaintiff, and the present plaintiff, as defendant over the land in dispute.

(ii) Exh. A1, a Plan used in Exh. A.

(iii) Exh. B, that is, a copy of the proceedings in the Native Court Lands II suit No. 61/53.

(iv) Exh. C – Document of Gift of Land by plaintiff’s father to the defendant.

(v) Exh. D -part of the proceedings including findings in suit No. 61/53.

(vi) Exh. E, “Land Agreement” dated 16th day of June, 1939, and made between the plaintiffs father and the defendant.

(vii) Exh. E1 – another “Document on Free Gift of Land” dated 26th day of March, 1953, and made between the plaintiff’s family and the defendant.

(viii) Exh. F – copy of proceedings in the Native Court of Appeal in Appeal No. 236/54 of the 14th of May, 1954.