M.O. Thomas Laniyan Vs Alpheus Dadeowo (1971)

LawGlobal-Hub Lead Judgment Report

COKER, J.S.C.

This is an appeal against the judgment of the High Court Lagos sitting in its appellate capacity over the judgment of the Ikeja Divisional Grade “A” Customary Court. In the Customary Court the plaintiff was one M.O. Thomas Laniyan. He would hereafter in this judgment be referred to as the ‘plaintiff’. In the Customary Court the defendants were Alpheus Dadeowo, Esrom Oteje and Ebenezer Dadeowo, and they would hereafter in this judgment be referred to as ‘defendants’. The plaintiff’s writ against the defendants was endorsed inter alia as follows-

“The Plaintiff claims against the defendants jointly and severally as follows –

(i) A sum of 500pounds (Five hundred pounds) as special and general damages for the defendants acts of trespass to the Plaintiff’s land aforesaid.

(ii) An injunction restraining the defendants and their agents/servants from further acts of trespass on the plaintiff’s land.

PARTICULARS OF DAMAGES

Particulars of Special damages:

200 Cocoa trees destroyed at 2pounds per tree 400pounds

General Damages 100pounds

Total 500pounds

Both parties gave evidence before the Customary Court and were indeed represented by learned counsel. After the hearing the Court visited the locus in quo and thereafter reserved its judgment. On the 4th of April, 1968, judgment was given by the learned President of the Court who dismissed the plaintiff’s case. In the concluding portion of his judgment the learned President stated that –

“I have carefully gone through the matter, I am satisfied that the Plaintiff has failed to prove any part of his claim the action will therefore be dismissed.”

A perusal of the proceedings in the Customary Court shows clearly that the complaint of the plaintiff in the action was the uprooting and destruction of cocoa trees following a claim of title by one or the other of the parties over land also claimed by the other one.

The plaintiff appealed against the judgment of the Customary Court to the High Court, Lagos and elaborate grounds of appeal were filed and argued in his favour. At the hearing of the appeal before Sowemimo, J. (as he then was) as might be expected the appeal was vigorously opposed by learned counsel on behalf of the defendants. One of the additional grounds of appeal filed and argued without objection on behalf of the plaintiff (Le. additional Ground of Appeal No.3) dealt with the implications of a Deed of Conveyance covering the land claimed by the THOMAS LANIYAN V. DADEOWO & ORS. 177 plaintiff and put in evidence by him at the trial before the Customary court. In reply to the argument on behalf of the plaintiff learned counsel for the defendants argued before the High Court Lagos that with respect to that ground of appeal the learned President of the Customary Court had no jurisdiction to entertain any complaint based on that conveyance for the reason that section 20(1) of the Customary Courts Law Cap. 31 (Laws of Western Nigeria 1959), precludes him from exercising such jurisdiction.