MR. Emmanuel Kayode Afolabi V. The Governor Of Oyo State & Ors (2016)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

MONICA BOLNA’AN DONGBAN-MENSEM, J.C.A.(Delivering the Leading Judgment)

This appeal is against the Judgment of the High Court of Justice, Oyo State sitting in Ibadan Coram Hon. Justice M. L. Abimbola delivered on the 3rd April, 2014. The said Judgment is at pgs. 407-417 of the record.

The facts of the case as presented by the Appellant is as follows:

The Appellant was granted a Statutory Right of Occupancy by the Governor of Oyo State, the 1st Respondent on 19th November 1998 over all the land, developments and appurtenances including a developed three bedroom boys quarters and garage situate and lying within Quarter 823 Agodi GRA Ibadan along Chief Osadebey Street off Iwo Road Ibadan in Ibadan North Local Government Area of Oyo State consisting of 1455.336 square meters (0.1455 hectares) after payment of all assessed charges to the Oyo State Government.

The Certificate of Occupancy was duly registered at the Lands Registry Ministry of Lands Ibadan on 15. 4.1999 as No. 53 at page 53 in Volume 3300 Certificates of Occupancy at the Lands Registry office in Ibadan which was admitted at trial and is contained

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at pages 17-21 of the record..

The Appellant sometime on 2nd November noticed an encroachment and continuous Trespass on his property by the 5th Respondent whereupon he sent a written petition to the 2nd Respondent and copied to the 1st Respondent as well as the Secretary to Oyo State Government which was duly received. See page 28 of the record

Unknown to the Appellant and without any hearing, the 1st – 2nd hearing had since 2008 illegally entered Appellants land, prepared another survey plan of the property in 2008, alienated and transferred entire Appellant property, together with the boys quarters, garage and Appellants developments on it to the 5th Respondent on a Building lease for 99 years with effect from 14th July 2008 as confirmed by 1st-4th Respondents letter dated 29th October 2008. See page 98 of the Record..

The 5th Respondent admitted this fact through its witness DW3 Mr. Gbenga Akintola in his testimony at page 278 lines 32-35 continued at page 279 of the record lines 1-2 of the record thus; We were granted the lease of the property

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since July 2008 by the 1st-4th Defendants. We have been in effective occupation since that time till today. Exhibit 3 is the Survey Plan of the totality of what we were granted and it is dated 25th August 2008. The land was allocated to us in 2008 based on this survey plan. We did not conduct any search at the Lands registry.

At all times prior to and subsequent to the grant of the Appellant entire property to the 5th Respondent under a building lease for 99 years till this present suit was filed at the Court below and served on the Respondents on 31st March 2010, the Appellant statutory right of occupancy over the property was NEVER REVOKED UNDER THE LAND USE ACT and no notice of any revocation was served on him or in existence..

The 1st-4th and the 5th Respondents have however given a different account of the general facts of this case. All of these shall be addressed in the Judgment.