Madam Elizabeth Ewukoya & Anor V. Tajudeen Buari& Ors (2016)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

YARGATA BYENCHIT NIMPAR, J.C.A.: (Delivering the Leading Judgment)

This is an appeal against the Judgment of the High Court of Lagos State delivered by HON. JUSTICE ADENIKE J. COKER on the 6th of February, 2008 wherein the lower Court granted the claims of the Respondents and dismissed the counter claim of the Appellants.

Dissatisfied with the decision, the Appellants filed an Amended Notice of Appeal dated 24th March, 2015 and deemed on the 27th of April, 2015 setting out 4 grounds of appeal.

The Respondents (Claimants at the lower Court) had claimed the following reliefs at the lower Court:

a. The sum of N50,000 (Fifty Thousand Naira) being damages for trespass and wastes committed by the defendants on the Plaintiffs farmland and building at Ogogoro in Ibeju Village

b. An injunction restraining the defendants, and/or their servants or agents from further acts of trespass on the said farmland and buildings.

The Appellants on their part had sought by way of counter claim the following reliefs at the lower Court:

a. A declaration that the defendants are the lawful owners of properties at Ogogoro having

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settled first therein from time immemorial under native law and custom

b. A declaration that the defendants are entitled to apply for and be granted a customary right of occupancy in respect of the farmland.

After consideration of the evidence put forward by the parties, the trial Court entered judgment in favour of the Respondents, hence this appeal.

The Appellants filed their brief of argument dated 28th January, 2013 on the 30/01/2013 but deemed on the 10/5/13 which was relied upon and adopted at the hearing of this appeal. The Respondents brief dated 31/7/2013 was deemed on 19/5/14, relied upon and adopted at the hearing.

The Appellant formulated 3 issues for determination as follows: