Kayode Okuoja V Obafunmilayo Ishola (1982)

LawGlobal-Hub Lead Judgment Report

NNAMANI, J.S.C.

This suit began in the Ikeja Judicial Division of the Lagos High Court as No. IK/27/68. In it the plaintiff (respondent in this court) sued the defendant (appellant, herein) for the following reliefs:-

“1 (a) declaration of title to the vast area of land at Ajaguro near Isawo known as Oko Cole in Ikorodu District

(b) 500 pounds damages for trespass committed by the defendant (sic) on the said land

(c) An injunction restraining the defendant his servants and or agents from committing further acts of trespass on the land. Annual rental value of the land cannot be assessed”

Pleadings were ordered, filed and duly exchanged. The plaintiff (hereinafter known as respondent) first filed a plan dated 30.8.69 with their statement of claim. This plan was first admitted in evidence through respondent himself as ID.1 and later admitted through the appellant as Exhibit D.1 At an advanced stage of the proceedings, in fact, after 3 witnesses for the respondent had given evidence, the respondents put in a plan through their surveyor which plan No.72/76 was admitted in evidence and marked Exhibit PN. Because of the importance which the various plans have assumed in determining the issues in contention in this suit, it is pertinent to mention that there is a third plan attached to a conveyance marked in the proceedings as Exhibit PC. I shall return to this conveyance in due course. Suffice it to say that the land in the plan attached to that conveyance which measures 179.613 acres (72.7 hectares) is verged yellow in Exhibit PN. It is not in dispute in this suit.

The case of the respondents on the pleadings was essentially that their predecessor-in-title (Adedeji Ishola) bought parcels of land including the land in dispute from one Ajayi Oluguno (otherwise known as Odukuno). The relevant portions of the amended statement of claim are paragraphs 3- 16 portions of which I crave your indulgence to set down:

“3. At the trial the plaintiff will trace the history of the land in dispute from time immemorial till the time the plaintiff’s father became seized of the land.

4. That plaintiff will show that his father late Adedeji Ishola was his predecessor-in-title and the effective owner of the land in dispute.
5. That land in dispute is part of Ajaguro Nla Village or Cole’s farm and the portion trespassed thereon is edged green in the attached survey plan.
6. The late Adedeji Ishola (known as Adedeji Ishola Cole) bought the land in dispute from one Ajayi Oluguno (otherwise known as Odukuno).
7. At the trial the plaintiff will rely on the following documents to establish his title:-

(i) A deed of conveyance dated 21/5/21 and registered as no. 67 at page 227 in volume 150 of the Registry of Deeds in the Lagos Land Registry

(ii) Purchase receipt for the sum of 70 (Seventy pounds) out of an agreed sum of 140 (One Hundred and Forty pounds) dated 9th January, 1922 on the second parcel of land

(iii) Purchase receipt of 55 (Fiftyfive pounds) out of the balance of 70 (Seventy pounds) dated 8th February 1922

(iv) Purchase receipt for the sum of 10 (Ten pounds) making a total of 135 (One Hundred and Thirty Five pounds) paid to the vendor out of the agreed sum of 140 (One hundred and forty pounds) for the second parcel of land

(v) Purchase receipt for the sum of 5 (Five pounds) being the due balance paid to the children of the vendor dated 1st December, 1925.

8. The late Adedeji Ishola was put in effective possession of the purchased land (including the land in dispute) at the time of sale and he so remained until his death in 1950.
9. The late Adedeji Ishola demarcated the boundary of the whole area of the land he bought in a whole parcel and planted “peregun” trees right round the boundary of the whole parcel of land including the land in dispute.
10. The late Adedeji Ishola planted cocoa and kola trees on the land in dispute.
11. The late Adedeji Ishola performed various acts of ownership on the land till his death. He put tenants on the land who he led to show that many of these tenants are still on the disputed land after spending almost twenty years as tenants and still pay their rent.
12. …….
13. …….
14. ………
15. The title of the late Adedeji Ishola was confirmed in the following court proceedings:-

(i) In Suit No.64/1927 between Sani v. Adedeji Ishola in the Supreme Court of Nigeria