MR. Ibrahim Oginni Adepoju & Ors V. Mrs. Idowu Famoroti (Nee Oniya) & Ors (2016)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

JAMES SHEHU ABIRIYI, J.C.A. (Delivering the Leading Judgment)

This is an appeal against the judgment delivered on 3rd April, 2014 in the High Court of Ondo State holden at Akure. The Appellants in that Court were the Defendants. Their counterclaim was struck out on 21st November 2012 having been withdrawn.

The Respondents who were the Plaintiffs in the lower Court claimed for the following:

a. A DECLARATION that the claimant’s family is the traditional and undisputed owner of the large parcel of farmland at Oke Oko, Emure village, Akure bounded by Filani Orimoloye’s farmland near Ogidan River, Abusoro farmland, Olomi Peter’s farmland and Ojomu Alade’s family farmland thereby entitling them to the customary right of occupancy in respect thereof.

b. AN ORDER to render account of the number of plots sold on the claimants’ family farmland at Oke-Oko, Emure village and the cost of each plot of land sold therein.

c. AN ORDER of perpetual injunction restraining defendants, their servants, privies, agents and successors from committing any or further acts of trespass on the said farmland.

d. The sum of N5,000,000.00

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damages for trespass committed and still being committed by the defendants upon the said parcel of the claimants’ family farmland at Oke-Oko, Emure camp, Akure.

The case of the Respondents in a resume is that the land in dispute is called Oke-Oko in Emure. Emure is an entire village originally owned by Sasere Adegbuji. Sasere Adegbuji had inherited Emure village from his mother Princess Adekorun. Princess Adekorun got Emure village as gift from her father, Oba Deji Arakale who originally owned Emure which is part of Akure.

The land in dispute became the property of Egboro after it was allocated to him by his father Sasere Adegbuji. All the children of Sasere Adegbuji got allocation of land at Emure village from Sasere Adegbuji. The part settled upon by Egboro is Oke-Oko. The claim of the Respondents is in respect of the part settled upon by Pa Egboro.

Pa Adegbomire, the Appellants’ great grandfather’s farmland is at Alubere in Emure village and the Appellants are not co-owners of the farmland at Oke Emure village with the Respondents family.

On their own part, the Appellants’ case is that Princess Elusade daughter of Oba Osupa was the

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