Mr. Olugbemi Oyebajo & Ors V. Chief Isiaka Bamgboye & Ors (2012)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

MODUPE FASANMI, J.C.A (Delivering the Leading Judgment)

This is an appeal against the judgment of the High Court of Justice of Ogun State, Abeokuta Judicial Division delivered on the 13th of November 2006.

The Plaintiffs now Respondents before this Court claimed at the lower Court against the Appellants jointly and severally as follows:

(a) A declaration that the plaintiffs are entitled to a statutory Right of occupancy over that piece or parcel of land situate, lying and being at Nlemo Village, Abeokuta, measuring 17,629 Hectares.

(b) The sum of N1,000.00 damages for trespass by the Defendants, their servants, agents and privies from going into the plaintiff’s family land.

(c) An order of injunction restraining the defendants, their servants, agents and privies from committing any further acts of trespass over the said land.

The Appellants who were the Defendants at the High Court filed 36 paragraphs Statement of Defence and Counterclaim wherein they counterclaim for and on behalf of the Oyebajo family as follows:

(a) Declaration of ownership by inheritance under Native Law and custom and by long possession arising from ancestor’s settlement and entitlement to Statutory Right of Occupancy over parcels of land verged blue on the attached Survey Plan on No. TROS/OG/112/11/2000 of 7th November, 2010 and signed by R. S Sobola Surveyor

(b) N2, million naira special and general damages for trespass and inconveniences

(c) Injunction restraining the plaintiffs, their servants, agents and privies from committing and continuing acts of trespass on the said parcel of land verged blue in the attached survey plan

The subject matter of the suit leading to this appeal is a parcel of land situate at Nlemo Village in Abeokuta, Ogun State. Both parties to the suit relied on traditional history of settlement on the land in dispute as proof of their root of title. While the Respondents asserted that they inherited the land in dispute through Chief Sowolu Soyinka who first settled on it in 1830, the Appellants claimed that Oyebajo Ayigilawopada (their ancestor) was one of the 5 persons who settled on separate parcels of land in Nlemo in 1830.

The land in dispute forms part of the larger parcel of land which the Appellants inherited through Oyebajo Ayigitawopada. In a reserved Judgment delivered on 13th November, 2006, the learned trial Judge preferred the Respondent’s evidence of traditional history on the ground that it was more plausible and probable. The trial Court granted the claims of the Respondents and dismissed the counter-claim of the Appellants.

Appellants appealed against the judgment by a notice of appeal dated 8th February 2007. In compliance with the rules of this Court, Appellants brief of argument was filed on 5th of October 2009. Appellants reply brief was filed on 24/11/10 but deemed properly filed on 20/1/11.

While Respondents brief of argument was filed on 28/1/10 but deemed properly filed on 25/3/2010.