Mr. Michael Agbekoni V. Alhaji Ibrahim A. Kareem (2007)

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JUMMAI HANNATU SANKEY,J.C.A.

The Respondent herein, Alhaji Ibrahim A. Kareem, instituted an action at the Customary Court, Emure Ekiti, Ekiti State against the Appellant, Mr. Michael Agbekoni and one other penson seeking the following reliefs:

1. A DECLARATION that the Late Giwa Agbekoni family is made up for three (3) sections represented by (1) Michael, Agbekoni (2) Alhaji Ibrahim (3) Olaniyi Ogbaji.
2. A DECLARATION that the three sections of the family as set out above are entitled to inherit the properties left behind by the Late Giwa Agbekoni.
3. An ORDER OF PARTITION of the cocoa plantation left behind by the Late Giwa Agbekoni between the three (3) sections of the family viz: (1) Michael Agbekoni (2) Alhaji Ibrahim A. Kareem and (3) Olaniyi Ogbaji.

The cocoa plantation mentioned above is situate, lying and being, at Oke-Egan Farm, Eporo Ekiti and is bounded as follows:-

On the first side by Pa Dare Cocoa Plantation

On the second side by Pa Dare Cocoa Plantation

On the third side by Pa Adua and Mama Lydia Cocoa Plantations

On the fourth side by Emmanuel Adelugba’s cocoa plantation

On the fifth side by Visa Maliki’s cocoa plantation

On the sixth side by Abdulkareem Usman’s cocoa: plantation.

4. An ORDER OF PERPETUAL INJUNCTION restraining the 2nd Defendant from further working and/or harvesting crops from the above described farm.

The annual value of the said farm is N500 (Five Hundred Naira only).

The facts of the case are that the Appellant, the Respondent and one Olaniyi Ogbaji are child and grandchildren respectively of Late Giwa Agbekoni. The Late Giwa Agbekoni had two other siblings. Both the Respondent and Olaniyi Ogbaji are children of Giwal Agbekoni’s sisters, while the Appellant was his son. The crux of the Respondent’s claim at the lower Customary Court was that both the male and female children of the late Giwa Agbekoni are entitled to inherit his property by the Yoruba tradition of the area where the land in dispute is situate, i.e. at Emure Ekiti. The Plaintiff testified and called one witness, while the 1st and 2nd Defendants also testified and called one witness. Thereafter, the Court visited the land in dispute and made its observations. At the close of trial, the trial Customary Court found in favour of the Plaintiff in these terms at pages 37-38 of the record of proceedings:

‘The declaration sought in the Plaintiff’s claim is (sic) therefore succeeds and it is hereby granted (sic) and for the avoidance of doubts it is therefore granted as follows:-

I. A declaration that the late Giwa Agbekoni family is made up of 3 sections represented by (J) Michael Agbekoni (2) Alhaji Ibrahim A. Kareem (3) Olaniyi Ogbaji is hereby granted.

II. A declaration that the three (3) sections of the family has (sic) set out in leg – one of the Plaintiff’s claim that they are entitled to inherit the properties left behind by the late Giwa Agbekoni is granted.