Momodu Olubodun & Ors. V. Oba Adeyemi Lawal & Anor (2008)

LAWGLOBAL HUB Lead Judgment Report

P.O. ADEREMI, J.S.C

This is an appeal against the judgment of the Court of Appeal (Ibadan Division) delivered on the 8th of May 2001. Suffice it to say that by that judgment, the court below dismissed the appeal of the present appellants which they had lodged against the judgment of the trial court which was given against them, Before I go on, I will like to preface this judgment with the background facts leading to the present appeal under consideration.

The action leading to the present appeal was originally commenced in the Customary Court Grade 2 No. 2 sitting at Sagamu, Ogun State on the 21st May 1985. But by a letter dated 26th July 1985 written by the Registrar, Ijebu Remo Grade 1 Customary Court, Sagamu addressed to the Principal Registrar, High Court of Justice, Sagamu, the entire case was transferred to the High Court of Justice, Sagamu. In that court, pleadings were ordered and the parties filed and exchanged their respective pleadings.

With the leave of court, both parties effected several amendments to their respective pleadings. The final amended pleadings upon which the plaintiffs (hereinafter referred to as the respondents) predicated their case is the 2nd further amended statement of claim and plan dated 1st March 1994 but filed on 15th March 1994. Of course, an amended reply by the order of court dated 15th March 1994 and filed the same date in response to the 4th amended statement of defence of 1st to 6th defendants also constituted the basis on which the respondents/plaintiffs based their case. The defendants (hereinafter referred to as the appellants) predicated their defence on the process captioned 6th amended statement of defence. By paragraph 37 of the 2nd Further amended statement of claim and plan, the plaintiffs/respondents claimed against the defendants/appellants as follows: –

“(1) declaration that they are entitled to Certificate of Occupancy or Customary Right of Occupancy over the land in dispute more particularly described in Exhibit E tendered in this suit.

(2) N1,000.00 damages for trespass committed by the-defendants, their agents and/or servants when they jointly and severally entered the disputed land in exclusive possession of the plaintiffs on or about the 12th day of February 1985 without the consent and/or authority of the plaintiffs; and

(3) perpetual injunction restraining the defendants, their agents, servants’ and/or privies from further entry into the said land.”

The root of title of the plaintiffs/respondents to the land in dispute said, to be situated at Agura a contraction of the word “Ago-Ora” originally given to the land because of its fertility, is founded on “SETTLEMENT”, Paragraphs 3, 5 and 6a of the 2nd further amended statement of claim and plan, which are the foundation of this crucial averment, read: –

Para 3

“One Ladoje (male) one of the children of late Oba Akarigbo Koyelu left Ofin homestead very many years ago to settle on and cultivate a parcel of farmland then known as “Ago-Ora” because of the fertility of the farmland.”

Para 5

“At about the time of this settlement by Ladoje, one Jumilu, then Chief Losi of Ofin homestead, also settled in another part of the land and used same for his own farming purposes.”

Para 6a

“This settlement by Ladoje has among its boundaries the farmland of the Aroba family from Ofin homestead who up till today are still in possession and are still cultivating – their said farmland and are also exercising exclusive possessory rights over same.”