Olaoluwa Fayemi V. Sir L. S. Awe (2009)

LawGlobal-Hub Lead Judgment Report

SAKA ADEYEMI IBIYEYE, J.C.A.

This is an appeal against the judgment of Akintayo J. sitting at the Ado Ekiti High Court of Justice in Ekiti State delivered on the 27th day of November, 2007 in Suit No.HAD/89/2000 in which the learned trial, Judge entered judgment for the plaintiff, now the respondent, against the defendant, now the appellant.

In view of the nature of the ease leading to the aforesaid judgment being based on trespass to land which invariably relates to title to land. I am of the firm view that it is of moment to reproduce some of the salient aspects of the pleadings relied upon by the parties. Thus, both parties filed and exchanged their pleadings. Subsequently the original pleadings were duly amended as Amended Statement of Claim and Amended Statement of Defence on the 30th September, 2003 and 24th October, 2003 respectively.

Paragraphs 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 15, 17, 18, 19, 20, 21, 22, 24 and 25 which are of moment to the due consideration of this appeal read:

“3. The plaintiff is the owner of a piece or parcel of land situate, lying and being at Asha family layout along Iyin Road, Ado-Ekiti.

4. The plaintiff bought the land from Asha family of Okesha Street Ado-Ekiti sometime during the year 1975.

5. The land was conveyed to the plaintiff by the family by a deed of conveyance on the 22nd of July, 1977 signed by the head of the Asha family, John Akinluyi and thumb printed by one Ibidapo Ogunsanya, a Principal of the Asha family for and on behalf of the entire Asha family. The deed of conveyance is hereby pleaded.

6. The transfer of ownership of the land by the family to the Plaintiff by the Ministry of Works and Housing, Lands Division, Akure on the 3rd day of June, 1976. The letter of conveyance is hereby pleaded.

7. The plaintiff engaged the services of a Surveyor to survey the land … Mr. A. O. Adebogun, a licensed Surveyor, to survey the land. He surveyed it and produced a survey plan of the land which is dated 21/5/76 and numbered plan No. 6143G.

8. The land is bounded by survey beacon pillars Nos. BK 3140, BK 3141, BK 3 J43 and BK 3143.

9. The survey plan is attached to the deed of conveyance signed by the vendors of the land before the Chief Magistrate in the Court Registry on the 22nd of July 1977 and registered in the Lands Registry, Akure on the 29th day of July 1977.

10. Immediately the land was sold to him, the plaintiff cleared it and moved into possession thereof.

11. The plaintiff made his cousin, one Alhaji Lateef Safejo Amogbon who has his house adjacent at the back, to look after the land as caretaker of the land and asked him to bring some tenants unto the land who could occupy and use it as workshop as he was not able to build on it immediately.

12. The caretaker brought one James Olowoyo Rajejeun, a welder. This tenant brought a caterpillar to uproot the trees and clear the land of all trees.