Oba Abdulkadir Ahmed Dada Olukondo Ii V. Oba Joseph Sunday Olakunle Adefila & Anor (2017)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

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

This is an Appeal against the decision of the Kwara State High Court sitting at Omu-Aran delivered by T.S. Umar, J. in Suit No. KWS/OM/8/2015.

By a Writ of Summons and Statement of Claim of 6/11/2015, the Appellant as Claimant for himself and on behalf of the entire people of Oreke town/Community jointly and severally claim against the Respondents as follows:

1. A Declaration that Claimant?s community is entitled to the customary right of occupancy over the entire farm land which shares boundary with Oreke-Okegbo immediately after the Ogboloo stream (Gbayawo).
2. A Declaration that the Defendants have trespassed and encroached on part of the Claimant?s land, lying and situate at immediate after Ogboloo stream at Oreke town.
3. An Order of perpetual injunction restraining the Defendants whether by themselves, agents, privies or servant from disturbing, harassing, molesting, assaulting, attacking or threatening the lives of the Claimant?s and disturbing the quiet and peaceful enjoyment of their land, the subject matter of this Suit.

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4. An Order restraining the 1st Defendant from further parading himself as the Oloreke of Oreke land.

The 1st and 2nd Respondents as Defendants filed a joint statement of Defence on 08/12/2015 and counter-claimed as follows:

(12) WHEREOF the counter Claimant claims the following reliefs:

a) A declaration that the land being occupied by the defendant/claimant herein belongs to the family of counter-claimant and his community (Oreke-Okegbo).

b) A declaration that Oreke-Oke communities are customary tenant on Oreke-Okegbo community land.

c) A declaration that all mineral resources presently discovered (Marbles) and likely subsequent discoveries solely belong to the counter-claimant?s family and community (Oreke-Okegbo)

d) An Order directing the defendant/claimant herein and his community to account for the proceeds realized from the said mineral resources since its discovery in 1989 or thereabout, as reflected on the Agreement between the defendant/claimant and the miner.

e) An interlocutory injunction restraining the defendant/claimant, Agents, privies from further managing or giving approval or lease any part of the land for the purpose of extracting or quarrying henceforth.

f) A declaration that the title of the

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defendant/claimant is Oloreke of Oreke-oke and not Oloreke of Oreke land.