Kelani Banjo & Anor Vs Lamidi Aiyekoti & Anor (1973)

LawGlobal-Hub Lead Judgment Report

A. FATAYI-WILLIAMS, J.S.C.

The appellants are the defendants and the respondents are the plaintiffs in an action (Suit No. LD/259/65) tried by Adedipe, J., in the Lagos High Court. The claim as amended was for declaration of title in fee simple or under Yoruba native law and custom to a piece of land at Adana Village, Surulere, Lagos. They also claimed the sum of 2,000 pounds (Two thousand pounds) as general damages for trespass committed by the 1st defendant, his servants and/or agents on the said land during the period 1963 to 1965; they also asked for an injunction restraining both defendants, their servants and/or agents from committing further acts of trespass on the land. Finally, they asked for an order directing the two defendants and their servants or agents to surrender possession of the said land to the plaintiffs.

The proceedings were commenced by one Madam Moriamo Moola as sole plaintiff but she died before the hearing commenced, and the present plaintiffs who are her personal representatives were substituted by order of court on 30th October, 1967. It is common ground that the radical title in the land in dispute edged green in the plan (exhibit R) is in the Oloto family.

The plaintiffs’ case is that, in or about the year 1913, the Oloto Chieftaincy family of Lagos took a decision to partition a large area of the family land at Surulere among some of its members. In pursuance of this decision, Chief Ajayi Oloto, the head of the family, partitioned the said land among some of the members of the family, and with the consent of the family, made an absolute grant of a specified portion to each of them. Among those to whom such grant was made was one Fatade Tokosi. The said Fatade Tokosi was put in possession of the portion granted to him by the family and he exercised all rights of ownership over it. This portion included the land now in dispute. In Suit No. 175/1915 (Fatade Tokosi v. Chief Ajayi Oloto), the said Fatade Tokosi established his right, title and interest to the said land.

In or about 13th April, 1918, Fatade Tokosi sold a portion of the land granted to him, which included the land now in dispute, to one William Fafunmi Onimole, and although he did not execute a conveyance in his favour, he, however, put Onimole in possession of the portion of land sold to him and he (Onimole) exercised all rights of ownership over it such as receiving the compensation paid in respect of another portion of the land sold by him (Onimole) to one Abudu Disu and later acquired by Government as shown in exs. O and P. When Chief Tiamiyu Fagbayi Oloto, the head of the Oloto family at the time of the acquisition, was notified by Government in a letter No. 04555 (19) 3 of 7th June, 1949, (Exs. 5 and 3) of the claims of other persons, including Abudu Disu, to various portions of the land that had been acquired, he replied in a letter dated 13th June, 1949 (Ex. Q) as follows:

“The Commissioner of Lands

Lagos.

Dear Sir,

Re Acquisition of Land at Surulere

Government Notice No. 1292

With reference to your letter dated the 7th June, 1949 No. 04555/(19)/3, I have to inform you that I admit all the claims referred to therein of the persons named and that they are entitled to receive compensation for the land they claim.

Yours faithfully,

(Sgd.) CHIEF T. O. FAGBAYI OLOTO.”

In 1943, William Fafunmi Onimole sold a portion of his land which included part of the one now in dispute to one Ashimowu Kofoworola and gave her a deed of conveyance (ex. D1) in respect of the said land. He also put Kofoworola in possession of the said land and she also exercised rights of ownership over it. Six years later, this is in 1949, Kofoworola who incidentally was the wife of one Mustapha Jolaosho sold the said land to one Nimota Laloko (2nd P.W.) and executed a conveyance (ex. D) in respect of the land in her favour. Nimota Laloko went into possession and exercised all rights of ownership such as putting palmwine tappers on the land which contained many palm trees. By a deed of conveyance dated 26th October, 1951 (ex. C), Nimota Laloko sold and conveyed the land sold to her by Kofoworola, which included the land now in dispute, to Moriamo Moola and put her in possession. She exercised all rights of ownership over the land without any disturbance by the members of the Oloto Chieftaincy family.