Oba Felix Abidoye & Ors V. Oba Jacob Alawode & Ors (2001)

LAWGLOBAL HUB Lead Judgment Report

ONU, J.S.C.

Before Popoola, J. sitting at the High Court of Justice of Osun State holden in Osogbo in Suit No. HOS/32/86, The appellants as defendants were sued by the respondents who were plaintiffs claiming the following reliefs:

“(i) Declaration that the plaintiffs are entitled by customary derivation to statutory certificate of occupancy in respect of all the piece or parcel of land situate lying and being at Ororuwo, Ifelodun Local Government Area and which land will be more particularly described and delineated on survey plan to be filed later.

(ii) N5,000,00 being general damages for trespass committed by the defendants on the said plaintiff’s land.

(iii) Injunction restraining the defendants, their’ servants agents or privies from committing further acts of trespass on the said land.”

Pleadings were ordered, filed and exchanged by the parties with both parties in the interval being afforded the liberty to amend them before the case went to trial. After taking evidence adduced by both sides, the learned trial Judge in a reserved and well considered judgment proceeded to grant the plaintiffs the first leg of their claim and founded on their plan No. AAY715 of 19/8/69 while dismissing the remaining two.

The defendants who in the rest of this judgment I shall refer to simply as appellants on feeling dissatisfied with the said decision appealed to the Court of Appeal (hereinafter referred to as the Court below) sitting in Ibadan where they in a unanimous decision, dismissed the appellants appeal.

Being further aggrieved by the said decision the appellants have now appealed to this court on the sole ground that the court below did not properly evaluate the evidence given in that court.

Before proceeding to consider the arguments of learned Counsel for both sides based on their briefs of argument exchanged in accordance with the rules of this court. I think it is pertinent to examine firstly the respondents evidence in support of their claim to ownership of the land in dispute thus:-

The land in dispute which is situate and being at Orowuro town in the former Ifelodun Local Government Area of Oyo State (now Osun State of Nigeria) is verged “BLUE” in Survey Plan No. AAY 1715 dated 19/8/86 vide Exhibit ‘P1′. It is described as forming part of a vast area on which Oba Adesiyan the ancestor of the Orowuro people settled over two hundred years ago when he migrated from Ilamagbon to found Old Ororuwo. The vast area settled upon it is further contended is bounded by Lakuta Hill on Aagba Eburu side: by “Oro Tree” and town Hall on Iragbiji side: by Ogudugudu stream on Ibekun side and Ibokun land. It was demonstrated how Oba Adesiyan was the first Oba of old Orowuro and was succeeded by Oba Olawuro and Oba Kosoniola in that order. They reigned over and used the land during their lifetime. It was shown how Ijesa Arara war broke out during the reign of Kosoniola leading to death of Fagunwa son of Oba Olawuwo as well as Gbebikan the son of Oba Kosoniola. However, Alawode Adewuyi Sango-yoyin) Olaoye and Adetunji children of Fagunwa and Gbebikan survived. They later went to Aagba Eburu near Iree from where they came to Iragbiji and finally proceeded from there to resettle at Ororuwo.

Alawode, it was further shown became the next Orowuro and that the Obas who reigned after Oba Alawode were Oba Sangoyoyin Oba Adedoja Oba Lawani Adekeye and Oba Jacob Adejumo Alawode II.

In conclusion it is stated that the members of Ororuwo community used the land settled upon by Oba Adesiyan which land included the one in dispute for farming and that they planted cocoa, palm trees and other economic crops thereon. Members of Ororuwo Community whose families still have economic crops on the land in dispute were named as including those of Samuel Abioye. Shittu Adeyanju Oba Adedoja and Daniel Faniyi.

Leading evidence as to the appellants’ customary tenancy on the land in dispute the respondents stated as follows:

(i) That the appellants and other members of the Aagba Community were descendants of the inhabitants of Aagba Eburu which was in the valley of Lakuta near Iree. As they were open to attacks of wild beasts and reptiles they approached the then Olororuwo Oba Alawode through one Ojerinde of Esa-Orun’s Compound. Aagba Eburu for land to resettle their people. Oba Alawode granted them the parcel of land lying from Lakuta Hill and stretching up to the place where Alaagba Odeyale later built his palace. After the said grant the defendant ancestors moved out of Aagba Eburu and founded the present Aagba on the land granted them by Oba Alawode of Ororuwo. The Aagba people later approached Oga Alawode through one Ogunwole for additional grant of land for farming purposes. Oba Alawode then granted the land in dispute to the Aagba Community on the payment of annual customary tribute that is palm oil and one load of yam to be paid during Olokun festival to the Olororuwo.