Madam Fatimo Welle V. Joel Ajide Bogunjoko (2006)

LawGlobal-Hub Lead Judgment Report

PAUL ADAMU GALINJE, J.C.A.

The parties that commenced the suit at the lower court which has now given rise to this appeal were Joel Ajide Bogunjoko as plaintiff and Sumonu Welle as defendant. The plaintiff took out a writ dated 14th of January 1975 and a statement of claim dated 5th of February 1975 in which he set out the following claims against the defendant:-

“1. Declaration of title in fee simple to all that piece or parcel of land situate lying and being in Ikate, Suruiere, Lagos a site plan of which will be filed later,

2. Four hundred naira (N400.00) damages for trespass to the land.

3. Injunction restraining the defendant his servants and/or agents from further trespassing on the said land. Annual rental value of the land is about N20.”

Pleadings were filed and exchanged and the case was set down for trial.

After the proceedings of 14th May, 1980, the defendant died and his name was substituted with Salami Amawo Welle and Jimoh Welle, who became the new defendants.

At the conclusion of trial and in a considered judgment, Adeoba, J. found for the plaintiff and granted all the claims wherewith he reduced the sum claimed for damages to N100.00. The defendants being dissatisfied with the judgment of the lower court have appealed to this court via notice of appeal dated 24th of May 1982. Three grounds were filed on their behalf by their learned counsel, Mr. P. A. A. Akinlade.

The three grounds of appeal without their particulars read as follows:-

“1. The learned trial Judge erred in law and on the facts when he held that the land in dispute is part of the land sold by Ikate Family of Chief Ajao in 1953 and 1956.

2. The learned trial Judge erred in law and on the facts on the issue of possession because plaintiff never proved possession.

3. The judgment is unreasonable, unwarranted and cannot be supported by the evidence before the Court.”

In line with the practice of this court parties filed their respective briefs of argument. The appeal came up for hearing on the 22nd of May 2006. Mr. Olaonipekun Sowole learned counsel for the appellant identified the appellant’s brief of argument. In that brief of argument two issues have been distilled from the three grounds of appeal. In his oral argument, learned counsel adopted his brief of argument and submitted that the 1st issue is tied to grounds 1 and 3, while the 2nd issue is tied to ground 2. For the purpose of clarity, let me set out the issues hereunder thus:-

“1. whether it was established that the piece of land in dispute is part of the land sold to Chief Ajao by the Ikate Family;