Lasisi Ogbe V. Sule Asade (2009)

LAWGLOBAL HUB Lead Judgment Report

M. CHUKWUMA-ENEH, J.S.C

This appeal is against the decision of the Court of Appeal (Ibadan Division) affirming the decision of the Ogun State Appellate High Court sitting at Ota which in turn upturned the decision of the Grade 2 Customary Court Ado Odo – the trial Customary Court which upon having taken oral evidence of the parties in this case coupled with an inspection or visit to the locus in quo gave judgment for the defendant by dismissing the plaintiffs claim in its entirety.

The plaintiffs claim at the trial court consists of 4 reliefs as follows:

“(1) The declaration that the plaintiff is entitled under the Native Law and Custom to Statutory Right of Occupancy to parcel of land situate lying and being at Aakasun Ilase Village area of Ado-Odo/Ota Local Government of Ogun State of Nigeria.

Bounded

On the right side by the Okewaye/Idasajon Farm Land on the Left side by the Idosaba/lleko Farm Land

On the Bottom side by the Agric Farm Land

On the Upper side by the Ira.

(2) (N1,000.00) One Thousand Naira damages for trespass committed by the Defendant, their agents, servant or privies on the Plaintiff’s land.

(3) Perpetual Injunction restraining the Defendant their agents, servants, from trespassing upon the land.

(4) Possession of the land which was inherited by the Plaintiff’s Great grand father by the time of immemorial”.

The Defendant (i.e. the Appellant in this court) being dissatisfied with the decision of the Court of Appeal has appealed to this court by a Notice of Appeal as per page 124 of the Record containing 6 grounds. The plaintiff is the Respondent in this court.

The parties have filed and exchanged their respective briefs of argument. The appellant has filed a reply brief. The appellant in his brief of argument has identified 4 issues for determination as follows:

“1. Whether court below was right to affirm the admissibility of Exhibit ‘A’ pursuant to the provision of the Evidence Act.