Peter Adeboye Odofin V Jimoh Oni (2001)

LAWGLOBAL HUB Lead Judgment Report

ACHIKE, J.S.C.

This is an appeal against the judgment of the Court of Appeal holding at Benin City and delivered on 3rd March, 1995. The appellants herein, as plaintiffs, in the Akoko South, Grade 1 Customary Court, claimed against the defendants, herein as respondents, as follows:

“The plaintiffs’ claim for themselves and as representatives of Izo and Idofin Community, against the defendants jointly and severally

(i) The ownership of a piece of land lying and situate at near Sosan, valued N1, 400.00 (One thousand four hundred naira).

(ii) Recovery of N1, 300.00 (One thousand three hundred naira) being damages for unlawful desurfacing destruction of economic trees, occupation and trespass into the plaintiffs farmland situate at and known as UGBOVIEBIEFA near Sosan, measuring about 200’x 200′

(iii) INJUNCTION:- restraining the defendants and or their agents or members of their Community i.e. Sosan Oke, from further entering or trespassing onto the said farmland of the plaintiffs’

After taking evidence from both parties and their witnesses and a visit to the locus in quo including taking of evidence thereat from a hundred years old man, Paul Agunbiade, a man from Isua Akoko who was duly subpoaened, the Akoko South Grade 1 Customary Court, after drawing a rough sketch of the land in dispute and adjoining parcel of land, gave judgment in favour of the plaintiffs in terms of their claim for title to the land in dispute and N500.00 damages for trespass, and also awarded N46.40k costs to them.

Dissatisfied, the defendants appealed to the High Court of Justice Ikare, in exercise of its appellate jurisdiction. After hearing of arguments of learned counsel of the parties on the grounds of appeal filed, that court presided over by Ajayi, dismissed the appeal and confirmed the judgment of the trial court.

Still dissatisfied, the defendants appealed to the Court of Appeal sitting at Benin City. That court found in their favour in December 1983 and set aside the judgment of the High Court.

The plaintiffs in turn appealed to the Supreme Court and after hearing legal submissions by counsel it declared the judgment of the Court of Appeal null and void on the ground that the defendant, neither sought nor obtained an order for extension of time to file appeal before the Court of Appeal.

This situation was regularised by the 2nd defendant after the death of the 1st defendant, having been granted extension of time within which to ask for leave to appeal to the Court of Appeal from the decision of the Ikare High Court as well as leave to appeal and an extension of time to appeal against the said judgment. The Court of Appeal, after due hearing of the appeal handed down its judgment on 3rd March, 1995 in favour of the defendants. This appeal by the plaintiff, as earlier stated, is against the said judgment of the Court of Appeal.

It is useful to note that at the Court of Appeal, the defendants as appellants filed five grounds of appeal and fomulated two issues for determination therefrom, while the plaintiffs, as respondents identified one issue for determination.

In their brief, Mr. M.I. Igbokwe, learned counsel for the plaintiffs as appellants, identified the following issues for determination in paragraph 2.1 of appellants’ unpaged brief of argument:

“2.1 the appellants humbly submit that the following issues arise for determination in this appeal namely:-