Miss Christianah Ebun Folami V. Joseph Adewale Okege (2007)

LawGlobal-Hub Lead Judgment Report

M.D MUHAMMAD, J.C.A.

 The Appellant in this appeal, being the Plaintiff in suit No. 1/435/2004 at the lower court, Oyo State High Court, claimed some declaratory and injunctive reliefs against the Respondent herein who was the Defendant. The action was in respect of the piece of land situate and lying near Crown Chemist Ltd building opposite Kejide Hospital Road at Challenge Ibadan. A further relief the said action was for a N1,000:00k damages for the Respondent’s trespass into the land in dispute occasioned sometimes in August 2002.

Paragraphs 3, 4, 6 and 7 of Appellant’s statement of claim are crucial to our understanding of the issues canvassed at the lower court and by extension of this appeal. The paragraphs are for that reason hereunder reproduced.

“(3) The Plaintiff purchased the said land in dispute from Kure Awojobi family of Isale-Osi, Ibadan with Deed of Conveyance dated 1st June, 1973 and registered as No. 18, page 18 volume 1591 which is hereby pleaded.

(4) The accredited members of Kure Awojobi family who signed the said Deed of Conveyance in favour of the Plaintiff are Alhaji Saibu Ghadamosi, the current Mogaji of Kure Awojobi family and Yinusa Akanji respectively.

(6) The land in dispute situate, lying and being near Crown Chemist limited Building. Opposite

Kejide Hospital Road, Challenge, Ibadan which its area will be shown on the disputed Survey

Plan to be filed later in this Suit and be referred to as ANNEXTURE “A”.

(7) Sometimes in August. 2002, the Defendant without the authority and consent of the Plaintiff entered into the land in dispute, placed building materials on it with a view of embarking on the

Construction of building thereon”,

On being served with Appellant’s Writ and Statement of Claim, the Respondent on 9-7-04 filed and served the Appellant his Statement of Defence. Paragraphs 31, 32 and 33 of which being germane, are hereunder supplied:-

“(31) Defendant shall contend that from 1973 when Plaintiff’s rights (if any) accrued till 2004 is a period of 31 years. From 26th February, 1987 when Saibu Gbadamosi’s (who sold the land to Plaintiff) suit was struck out till 1st June, 2004 when Plaintiff took out her Writ of Summons in this present suit is a period of 17 years.

(32) Defendant shall contend that this case is statute barred as it offends against Section 6 (2) or the (33) limitation Law CAP. 64 Laws of Oyo State of Nigeria 1978 or Section 3 Limitation (Edict) Law 1989 dated 20th March, 1989 not having been commenced within 12 years of 10 years from 1973 when Plaintiff knew she was prevented from claiming the land by Chief Coker.

(33) WHEREOF Defendant avers that Plaintiff’s Claim is speculative, is statute barred and therefore unmaintenable and should be dismissed with substantial costs “. (Underlining supplied for emphasis)