Musa Alabi V.kamali Lawal & Anor (2003)

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MURITALA AREMU OKUNOLA, J.C.A.

This is an appeal against the judgment of the High Court of Justice, Ile-Ife, Osun State presided over by Ogunsola, J. and delivered on 14th day of October, 1997 wherein judgment was entered in favour of the plaintiffs/respondents in default of both the memorandum of appearance and statement of defence.

The facts of this case briefly put were as follows:

The respondents herein as plaintiffs sued the appellant herein as defendant at the High Court of Justice, Ile-Ife herein-after referred to as the lower court. The respondents in their writ of summons filed at the lower court claimed as follows:

“The recovery of the total sum of N27,010.50 being outstanding Isakole payable under native law and custom by the defendant to the plaintiffs’ family in respect of the farmland at Kilibi village via Oyere which is within Ife Judicial Division, which farm has been held as tenant by the defendant. The said Isakole dues are made up as follows:-

a) Cost of one hundred weight of good dried cocoa or its money’s worth for 1994 ..N6.000.00

b) Cost of one tin of palm oil or its money’s worth N3002 for 1994 …N3,002.00

c) Isakole one kolanut…N1.50

a) Cost of one hundred weight of good dried cocoa or its money’s worth for 1995 ..N6,000.00

b) Cost of one tin of palm oil or its money worth N3,002 for 1995 …N3,002.00

c) Isakole one kolanut N1.50 for 1995…N1.50

a) Cost of one hundred weight of good dried cocoa or its money’s worth for 1996 ..N6,000.00

b) Cost of one tin of palm oil or its money’s worth for 1996…N3,002.00

c) Isakole one kolanut…N1.50