Miss Clementine Ricketts & Ors V. Oba a. K. Hassan (2001)

LawGlobal-Hub Lead Judgment Report

OGUNTADE, J.C.A. 

The appellants were the plaintiffs in suit No. ID/584/89, before the Ikeja High Court, and had claimed against the respondent (as the defendant) for the following:

“(i) The sum of Two thousand naira damages for trespass.

(ii) A perpetual injunction restraining the defendant, his servants and or agents from trespassing on the said tract of land.

(iii) A declaration that they are entitled to a certificate of occupancy over the land in dispute.

The parties filed and exchanged pleadings. The suit was tried by Longe, J. On 15-4-94, the learned trial Judge in his judgment dismissed in their totality, the claims of the plaintiffs. Dissatisfied, the plaintiffs have brought this appeal. In their appellants’ brief filed on 28/1/2000, the issue for determination was identified as the following:

“Which of the parties before the court established better title to the land in dispute.”

The respondent in his brief filed on 28/4/2000, identified two issues as arising for determination, namely:

“(i) Whether the appellants, through Exhibit ‘2’ proved a good title to the land in dispute.

(ii) Whether on the state of evidence before the lower court, the appellants were entitled to succeed on their claims.”

The two issues formulated by the respondent, are covered by the appellants’ issue. In this judgment, I start a consideration of that issue, by examining the pleadings of the parties in order to determine the nature of the titles put in issue. In paragraphs 4 to 8, of their Amended Statement of Claim, the plaintiffs pleaded:

“4. The late J.A. Ricketts, purchased a large tract of land at Agbowa-Ikosi, in the Ikorodu Division of Lagos State, in a public auction from the descendants of Ademuyiwa Haastrup, in 1939.

5. The purchase was evidenced by a Deed of Indenture, made on 22/2/39, and registered as No.9 page 9, in volume 403, of the Lands Registry at Lagos.
6. Ever since the purchase, J.A. Ricketts and his descendants (the plaintiffs herein), have been in undisturbed possession of the said tract of land, shown on Survey Plan No. SEW/L/1059/4, dated 7/3/89 prepared by M.A. Seweje, a licensed Surveyor. Attached herewith, is a copy of the said survey plan.
7. The plaintiffs exercised their rights of possession on the land in dispute, by constructing directling houses and a school on the said land. Sometime in 1988, the defendant trespassed on the said tract of land, and started a cassava farm thereon, on the portion outlined in Yellow in the said survey plan.”

The defendant in paragraphs 3, 4, 5, 6, 7, 10, 11 and 12 of his amended statement of defence pleaded:

“3. The defendant avers that the large tract of the land coloured “Red” in the plaintiff’s Plan No. SEW/L/l059/4 dated 7th March, 1989, originally, belonged to his predecessors-in-office and their Chiefs who held same in trust for the natives of Agbowa. The defendant’s predecessor-in-office granted same to one Ademuyiwa Haastrup who, as a stranger, in Agbowa requested for and was granted a portion of the said land, as a licensee for farming purposes. At the time of the said grant, His Highness, Oba Momodu-Ope Adeloju, was then in office and the grant was not absolute.