Search LawGlobal Hub

Mrs. Grace Okpalugo V. Ligali Aderemi Adeshoye & Anor (1996)

LAWGLOBAL HUB Lead Judgment Report

BELGORE, J.S.C. 

This appeal concerns dispute on land in which the plaintiff (now first respondent, as he was at the Court of Appeal) claimed that he purchased it from his mother by virtue of Exhibit 1, a deed of conveyance.

According to him his mother also purchased it from one Alhaji Asani Taiwo Bakare and the evidence is Exhibit 2, another deed of conveyance. The plaintiff claimed at trial Lagos High Court that he was in possession of the land (now No. 57 Allen Avenue, Ikeja, Lagos) when Grace Okpalugo now appellant, and Alhaji Fasasi Olowolagba (referred to in the appellant’s brief of argument as “second respondent” when in fact he is a passive party to this appeal as he neither appealed, much less filed a brief) trespassed on it.

Apart from the conveyances which are Exhibits 1 and 2 aforementioned, the plaintiff also relied on Exhibit 3,judgment of Supreme Court delivered on 16th day of December, 1974 [Coram: Elias, C.J.N. Sowemimo, J.S.C. and Ibekwe, J.S.C.] reading as follows:

“Judgment of the Court

[Delivered by Elias C.J.N.]

Between: A.T. Bakare

v.

1. Karimu Owodina
2. Saka Owodina

Appeal is allowed. The judgment appealed from is set aside. The appellant is declared the owner of the land in dispute. Costs assessed at N80.00 in the Court below and at N127.00 in this Court.

The other reliefs sought are hereby granted as per plaintiff’s writ.”

This short judgment was perhaps written instantly on the Bench for it has not set out all facts and the arguments of the parties. It has also not set out the land in dispute even though the appellant is the same A.T. Bakare, mentioned by the respondent as his root of title, and the suit was not, as in the one now at hand, in a representative capacity. The claim of the plaintiff at the trial Court was for declaration that he was entitled to “a statutory right of occupancy” in respect of the land in dispute, N200.00 as special and general damages for trespass and perpetual injunction to restrain the defendants, their servants and or agents from entering or committing further acts of trespass on the land in dispute. The special damages claimed were set out as follows with the general damages:

1. Cost of purchase of the land in dispute together with their structures

and blocks and building materials N75,000.00

2. Cost of drawing, building and structural plan N 5,000.00
3. General damages N 120,000.00

Total N200,000.00

The defendants on their own set out the traditional history of their connection with the disputed land. In the Statement of Defence, the Defendants clearly in paragraphs 17, 18, 19, 20, 21, 22, 23, 24, 25, 26 and 27 set out how one Amore first settled on the land of which this one now forms part and exercised absolute rights thereupon. Amore died several years ago but left six children, to wit, Fayemi, Matemi, Faluyi, Olabisi, Omolabake and Aileru. Amore, before his death, partitioned the land among his children and each had vested in him or her absolute right. The defendants are descendants of Matemi, the second child of Amore. Matemi died leaving seven children and her children never partitioned the land. Sunmonu Apena headed the family; at his death, his son Tiamiyu Sunmonu Apena; and after Tiamiyu Sunmonu Apena, the 1st defendant, Alhaji Fasasi Olowolagba became the head of the family.