MR. Sunday Fakilede Eleyinmi & Ors V. Chief J. Olajide Adebiyi (2015)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

MOJEED ADEKUNLE OWOADE, J.C.A. (Delivering the Leading Judgment)

This is an appeal from the judgment of A. O. Odusola J. in the Akure Judicial Division of the High Court of Ondo State delivered on the 30th day of July, 2012.

The Appellants as Plaintiffs took out a writ of summons dated 6/8/2008 against the Respondents and by their statement of claim of 11/2/2009 claimed against the Respondents (Defendants) as follows

a. A Declaration that the compulsory and fraudulent acquisition by the Defendants of the plaintiffs family’ land situate between Emiloro and Oda Communities bounded on the first side Erelesusi family land, on the second side by Okeiya family land, on the third side by Abe family land and on the fourth side by Atipere family land is wrongful, illegal, unconstitutional null and void.

b. A Declaration that the plaintiffs are the persons entitled to the grant of statutory rights of occupancy over all that parcel of land situate between Emiloro and Oda Communities and bounded as follows:

On the first side by Erelususi family land, on the second side by Okeiya family land, on the third side by Abe family and on the fourth side Atipere family land.

c. ONE MILLION NAIRA general damages against the Defendants for the trespass committed and still being committed on the plaintiffs land which is bounded as follows:

On the first side by Erelusi family land, on the second side by Okeiya family land, on the third side by Abe family land and on the fourth side by Atipere family land.

d. An order of perpetual injunction restraining the Defendants either by themselves or by their agents, assigns, privies, and/or anyone acting for or through them from further committing acts of trespass on the Plaintiffs land situate between Emiloro and Oda Communities and bounded as follows: on the first side by Erelesusi family land, on the second side by Okeiya family land, on the third side by Abe family land and on the foufth side by Atipere family land.

Pleadings were filed and exchanged. The case of the Appellants as plaintiffs is that their family, Eleyinmi family of Oda are the owner of the land in dispute from time immemorial. That the land is known as Eleyinmi family land. It was the contention of the Appellants that during the reign of Oba Adegbemiro, an idea was mooted by Oda Community that every land owning family should voluntarily donate land to Oda Community for developmental purposes but the idea was later jettisoned after the demise of the Oba.

However, in year 2000 their family received a letter from the Respondents purporting to act under the aegis of Oda Community Development Committee intimating their family of their plan to take over the Appellants family land; which plan they vehemently opposed through a letter dated 22/8/2000. That despite their protest, the Respondents trespassed on their family land and started selling same without their consent and authority.

The Respondents on their part alleged that part of the land in dispute belonged to Osupa family of which Ereyinmi family is a unit while the substantial or remaining portion belonged to Ifagburugbe Afogun family of Oda before the entire land in dispute was donated to Oda Community in 1968 consequent upon a decision by Oda Community led by Oba Adegbenro that a vast area of land covering a one mile radius be earmarked for communal development purposes to wit: Schools, Clinic, Police Station, Houses amongst others.

That Oda Community as a whole mandated some of its indigenes to form a committee – Oda Development Committee – to manage the land for the benefit of the community. That the donation or the allocation of land was re-affirmed in 1983. That the allocation to their committee was as a result of the decision of the entire Oda Community including the Appellants family that a vast area of land covering a one mile radius be earmarked for communal development. The Respondents alleged that based on the general desire for communal development for common good, Ogbe High School, Oda Health Centre, Churches etc were established without any problem.

At the trial three (3) witnesses testified on behalf of the Appellants while two witnesses testified for the Respondents.