Mr. R.O. Ogundayomi V. Chief Akinbolu (2011)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

NWALI SYLVESTER NGWUTA, J.C.A. (Delivering the Leading Judgment)

This is an appeal from the Judgment delivered on 18th May, 2001 by the Okitipupa Judicial Division of the Ondo State High Court of Justice presided over by Obaremo, J.

Indorsed on the writ of summons issued on 30th September, 1999 are the plaintiff’s two claims against the defendant:

“(a) Five Hundred Thousand Naira (N500, 000.00) only for trespass committed on the land of the plaintiff at Odelawe Igedege in Okitipupa Local Government.

(b) And perpetual injunction restraining the defendant and or his agent from further trespass on the said land.”

The claims are also reproduced in paragraph 8 (a) and (b) of the statement of Claim as amended, dated 3rd May, 2000 and filed on 4th May, 2000.

The 9 paragraph statement of defence in which the defendant denied the plaintiff claims was dated and filed on 15/11/99. The plaintiff’s reply to the statement of defence was dated 20/12/99 and filed on 30/12/99.

The plaintiff testified and called two other witnesses for his side while one Mr. Owoboye Metajuwa was the sole witness for the defence.

At their instance learned counsel for the parties filed written addresses. There is no indication that learned counsel subsequently adopted and relied on their written addresses. After several unexplained adjournments the trial Court delivered its Judgment on 18/5/2001. In the said Judgment the trial Judge concluded thus “In conclusion, I hold that the plaintiff did not discharge the onus of proving that the land in dispute in this case is within the area upon which a declaration of title is granted to his family by the Supreme Court in Suit No. SC.48/90…” See page 29 of the main records. The trial Court dismissed the plaintiff’s case with N5, 000.00 costs in favour of the defendant.

Aggrieved by the said Judgment, the plaintiff, now appellant, appealed to the Court on the 12 grounds contained in the amended notice of appeal dated 10/4/2002 and filed on 22/4/2002 with the leave of Court.

The parties herein, by their respective learned counsel, filed and exchanged briefs of argument.

In his brief of argument learned counsel for the appellant identified four issues for the Court to resolve. The issues are:

“12.01 Whether or not the defendant proved a better title or ownership than the plaintiff that could justify the Judgment was (sic) given in the defendant’s favour.

2.02. Whether or not the clear violation of section 294(1) of the constitution of the Federal Republic of Nigeria 1999, by delivering the Judgment in this case out side the period stipulated by the constitution occasioned miscarriage of justice.