Osuade Adeyinka Akinbade & Anor V. Ayoade Babatunde & Ors (2017)

LAWGLOBAL HUB Lead Judgment Report

MUSA DATTIJO MUHAMMAD, J.S.C.

This is an appeal against the judgment of the Court of Appeal, Ibadan Division, hereinafter referred to as the lower Court, allowing the appeal of the respondents’ herein who were defendants at the Oyo State High Court. The latter Court will hereinafter be referred as the trial Court.

A brief summary of the facts that brought about the appeal is given below.

The appellants as plaintiffs at the trial Court claimed against the respondents, thereat as defendants, for:-

“(a) A declaration that the Plaintiffs who are the descendants of Akinbade are the only persons entitled to the issue of Certificate of Occupancy to all that piece or parcel of farmland situate, lying and being at Akinbade farm, Idi Mango along Idi Iroko Road, Ibadan which is more particularly delineated on Plan No. EFUN/12/OY/88 drawn by Debo Adedeji Licensed Surveyor and is thereon edged RED.

(b) Declaration that the 1st, 2nd and 3rd Defendants as tenants of the Plaintiff have forfeited their rights to remain on the land as a result of purported sale of the land to 4th to 7th Defendants and

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other Purchasers without the knowledge and consent of the Plaintiffs who are their overlords.

(c) N10,000.00 general damages against the 4th to 7th Defendants for acts of continuing trespass committed on the said land between 1986 and up to date.

(d) Perpetual injunction restraining all the Defendants their servants, agents or anybody claiming through them from committing any further acts of trespass.”

On their part, the respondents, as defendants, counter-claimed against the plaintiffs/appellants as follows:-

“(a) A declaration that the 1st, 2nd and 3rd Defendants are true and natural descendants of Akinbade and are therefore entitled to Certificate of Statutory Right of Occupancy in respect of all that land lying and situate at Idi Mango, Idi Iroko Road, Ibadan which is more particularly delineated on Plan Number AD/58/59 drawn by A. Adeoti Licensed Surveyor on 19/5/89 and is thereon edged “RED” excluding the portion already sold.

(b) Declaration that the sale of portion of land verged “YELLOW” on Plan Number AD/58/59 dated 19/5/89 by the 1st, 2nd and 3rd Defendants to the Late E. O. Ashamu is legal, valid and lawful and he is

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