Madam Rianatu Shittu V. Alhaji Y.o. Egbeyemi & Ors. (1996)

LAWGLOBAL HUB Lead Judgment Report

OGUNDARE, J.S.C. 

Sometime in 1957 one Sumelu Egbeyemi, now deceased, bought a piece or parcel of land lying and situate at Apata village near the University of Ibadan in Ibadan from the Obadina family. The land was said to be part of a larger piece of land belonging to that family.

Title was conveyed to the said Egbeyemi by the family by a deed of conveyance made on the 21st day of December 1957 and registered at the Ibadan Lands Registry. Sumelu Egbeyemi took possession of the land and exercised acts of ownership on it by planting seasonal and cash crops and clearing the same.

He laid it out into plots and the layout plan was approved in 1960 by the Ibadan Town Planning Authority. He remained in undisturbed possession of the land until his death on 29th day of June 1975. On 19th November 1979, letters of administration for the purpose of administering his estate were granted to Alhaji Y.O. Egbeyemi and Safuratu A. Egbeyemi.

On 20th November 1974 the Odunfa family sold a piece of land 200 feet by 200 feet to Alhaji L.A. Adeniran and Mr. T.A. Adeniran. The sale was evidenced by a Memorandum of Agreement. Immediately after the purchase the said L.A. Adeniran and T.A. Adeniran (hereinafter are referred to as the Adeniran brothers) laid the land out into plots and sold the plots to various purchasers including Madam Rianatu Shittu the plaintiff/appellant in the present proceedings.

Madam Shittu bought her own piece of land from the Adeniran brothers on 2nd June 1975 and the same was conveyed to her by the said brothers on 10th November, 1976. She went into possession, cleared the land and removed the stumps thereon. Upon her building plan being approved by the Ibadan Metropolitan Building Authority, she commenced building operations on it.

At or about 20th November 1980 however, some people came to the site and demolished the building. In consequence Madam Shittu, who hereinafter is referred to as the plaintiff, sued Alhaji Y.O. Egbeyemi, Safuratu A. Egbeyemi and Adedoyin A. Egbeyemi claiming:

“(1) The sum of N10,000.00 being general damages suffered by the plaintiff when the defendants by themselves and their agents and servants trespassed on the plaintiff’s land situate at Apata Kekere village near University of Ibadan sometime in November, 1980 and demolished the plaintiff’s building on the said land which is in lawful possession of the plaintiff.

(2) An order for perpetual injunction restraining the defendants, their servants and/or their agents from committing further acts of trespass on the said land.”

Following the death of Sumelu Egbeyemi some people trespassed on his land and in consequence of which the defendants in the present proceedings, that is, Y.O. Egbeyemi, Safuratu A. Egbeyemi and Adedoyin A. Egbeyemi sued one Muraino Ladejo and 6 Others in the Oyo State High Court in suit No. 1/315/76; at the conclusion of which trial the learned trial Judge entered judgment in their favour in the following terms:

“(i) The land in dispute, measuring approximately 6.306 acres as per the Plan No. S.O. 295/75 of 22nd July, 1957 annexed to the conveyance executed in favour of the late Egbeyemi is the property of the plaintiffs in pursuance of the Letter of Administration of 24/6/76, Exhibit ‘A’.

(ii) The plaintiffs are, therefore, entitled to apply to the Authorities for a certificate of occupancy in pursuance of S.40 of the Land Use Decree.

(iii) The defendants, their agents, privies or anyone whatsoever claiming through them are restrained in perpetuity from further acts of trespass.

(iv) All purported sales of land by the defendants out of the land now adjudged as the property of the plaintiffs are ipso jure void and of no effect whatsoever.”