Mr. Taiwo Ilari Ogun Vs Mr. Moliki Akinyemi & Ors (2004)

LAWGLOBAL HUB Lead Judgment Report

MUSDAPHER, J.S.C. 

The plaintiffs from the beginning commenced this action in a representative capacity at Ifo/Ota grade one Customary Court State, Ogun State, whereat they claimed for themselves and on behalf of Osata Adasin family of Ijana quarters, Otta, Ogun State against the defendant for:

“Declaration of ownership of about 105 Hectares of landed property which is situate, lying and being at Obere village via Atan-Ota, Ogun State of Nigeria of Ilusata family land of Ota, which the defendant is now claiming to be his own.

Immediately hearing in the matter commenced before the said Customary Court and for reasons not clearly apparent, the defendant successfully petitioned to the Chief Judge of Ogun State for the transfer of the matter to the High Court. The matter came before Bakare, J. at the Otta Judicial Division. After the delivery of pleadings, the plaintiffs called seven witnesses while the defendant called eight witnesses. In his judgment after the address of counsel, the learned trial Judge found for the plaintiffs. He held in particular:-

” … All other methods of proving title in a declaration to land do not appear to have been pressed by the plaintiffs the only proof they depended upon was traditional evidence, there is no doubt that the defendant also gave a conflicting traditional evidence. I have during the course of this judgment shown stage by stage my reasons for finding the evidence of the plaintiff more probable and acceptable in my view ..

Apart from the relations of the plaintiffs, the evidence of the tenants by inheritance coupled with those of their boundary men are more reliable. I have shown that the traditional evidence for the defendant is more consistent with that of a stranger who was settled and later tried to oust the host. On the balance of probability I prefer the traditional evidence of the plaintiffs and I hold that they have proved their title to the land by traditional evidence.”

Thereafter the learned trial Judge granted the plaintiffs the prayers and the reliefs they claimed as per paragraph 58 for the statement of claim.

The defendant felt unhappy with the aforesaid judgment and filed an appeal to the Court of Appeal. In the Court of Appeal, the defendant as the appellant therein submitted the following issues for determination:-

“(i) Having regard to the contradictory evidence led by the plaintiffs on boundary whether they established the identity of the land with certainty as to entitle them to the declaration sought.

(ii) Did the evidence led at the trial justify the conclusion of the learned trial Judge namely that the defendant has forfeited his customary right of tenancy on Osata land

(i) Whether the learned trial Judge evaluated the evidence before him properly and adopted the correct procedure in resolving the evidence of the traditional history led by the parties.”

The Court of Appeal in the lead judgment of Onalaja, JCA concurred to by Adamu and Adekeye, J.J.C.A delivered on the 29/6/1999 dismissed the defendant’s appeal. It should be mentioned that Oloko Ilari Ogun the original defendant died after filing the appeal in the Court of Appeal and was substituted by his son Taiwo Ilari Ogun, the appellant now on record.

Taiwo IIari Ogun, felt disgruntled with the decision of the Court of Appeal and has now further appealed to this court. In this judgment, the defendant shall henceforth be referred to as the appellant while the plaintiffs as the respondents.

Distilled from the notice of appeal, the appellant has identified, formulated and submitted to this court for the determination of this appeal, the following issues:-