MR. Mathew Kolade & Anor V. Chief Adegoke Ishola Akinosi & Ors (2014)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

CHIDI NWAOMA UWA, J.C.A. (Delivering the Leading Judgment)

This is an appeal against the judgment of the Ogun State High Court sitting at Ilaro, presided over by M. A. Dipeolu, J on 16th April, 2008. The Respondents as plaintiffs in the lower court by their writ of summons dated 30th April, 1997, filed on 6th May 1997 claimed on behalf of Akinosi and Kuole family of Olaru, Aiyetoro against the Appellants as defendants/counter-claimant for the following reliefs:

“(i) Declaration that the plaintiffs are entitled to the Customary Right of Occupancy of their vast area of farmland along Aiyetoro Abeokuta Road, Egbado North, Ilaro Judicial Division and bounded as follows:

BOTTOM: By Idioro village

RIGHT: By Alala village, Elegba Ada village and land of Keesan Orile people.

LEFT: By land of Fagbire family of Olaru and Obada/Abeokuta road and

TOP: By land of Elebute family and land of Keesan Orile people, the Aiyetoro/Abeokuta motor road passes through the vast area of land.

(ii) N100,000.00 (One hundred thousand Naira only) as General damages for trespass unto the said land and for the unlawful arrest and detention of plaintiffs.

(iii) Perpetual injunction restraining the defendants, their servants, agents and/or privies from further acts of trespass on the said land (see pages 1 to 2 of the record).

Pleadings were filed and exchanged; the Respondents filed their statement of claim dated 30th April, 1997 (Pages 4 to 7 of the record).

The Appellants filed their statement of Defence dated 17th February, 2003 and also counter claimed against the Respondents and claimed as follows:

“(i) A declaration that the Defendants are the persons entitled to a statutory right of occupancy over and in respect of the place or parcel of land situate, lying and being along Aiyetoro/Abeokuta Road, Egbado North; Ilaro Judicial Division and its boundaries from Aiyetoro are as follows:

BOTTOM – Land of Idori village

RIGHT – Land of Akinniyi Elegbaada