Prince Lasisi Oyedeji & Ors. V. Alhaji Sanusi Oyeyemi & Ors. (2007)

LawGlobal-Hub Lead Judgment Report

ALFRED P.E. AWALA, J.C.A.

The Appellants in this appeal were the Plaintiffs at the lower court, the High Court of Justice of Osun State of Nigeria Holden at Ikirun, while the Respondents were the Defendants thereat.

The Plaintiffs’ claims in their Amended Statement of Claim dated 6/6/95 are as follows:-

(a) DECLARATION that the Plaintiffs are the people entitled to the grant of statutory right of occupancy on the piece or parcel of land generally known and called Aara land situate, lying and being at Aara more particularly described in the survey plan No. CS/D/82/001/D of 6/2/95 drawn by Tunji Famobi & Co, Registered Licensed Surveyor.

(b) N100,000.00 (One Hundred Thousand Naira) damages jointly and severally for trespass committed by 1st – 9th Defendants by themselves and/or through their agents, servants and/or privies or otherwise however on the Plaintiffs’ landed property situate, lying and being at Iba as the area known and called Aara land.

(c) Injunction restraining the Defendants by themselves, servants and/or privies or otherwise however from committing further acts of trespass on the said Aara land.

The brief facts that culminated in this action relate to a land at Iba in the Ikirun Division of Osun State commonly known as Aara land which allegedly belongs to Oyedeji Royal Family represented by the Plaintiffs/Appellants. That at the request of the original 1st Defendant (1st Respondent) Oba Tijani Adekanye a portion of the land was given by the Plaintiffs/Appellants’ family to him for farming purpose. That he was therefore their customary tenants. That the said Oba Tijani Adekanye instead converted the land to Adekanye family land and started allocating portions thereof to different people including the 2nd to 9th Defendants/Respondents.

In the course of the proceedings, Oba Tijani Adekanye died and following an application by the Plaintiffs/appellants, Alhaji Sanusi Oyeyemi (for and on behalf of Olugbuyi Ruling House) was substituted for the late original 1st Defendant.

It is the case of the Defendants/Respondents on the other hand, that the land in dispute is a communal or stool land and by custom is vested on any incumbent Eburu (Oba of Iba) holding same in trust for the community and that it does not belong to the Oyedeji Ruling House as alleged and claimed by the Appellants.

Issues were joined on the pleadings as to the character or status of the land in dispute whether it is a family private land of the plaintiffs Oyedeji Ruling House or is a communal or stool land vested in Olugbuyi ruling House represented by the 1st Respondent. After evidence was adduced, learned counsel on both sides addressed the court.

The learned trial judge in his decision handed out on 28th July, 2000 found that the plaintiffs’ claims as contained in paragraph 25 of the Amended Statement of Claim fail and same were dismissed. Dissatisfied, the Plaintiffs/Appellants appealed to this Court by filing a Notice of Appeal dated 31/1/02 formulating four grounds of appeal. In accordance with the Rules of this court, parties learned counsel filed and exchanged their respective briefs. The Appellants raised three issues for determination while the Respondents formulated one.

The Appellants three issues are as follows:-

“1) whether from the pleadings and evidence led in this case the learned trial judge was right in holding that both the 1st plaintiff and the 1st Defendant are from Olugbuyi Family.

2) Whether this action became incompetent by reason of the death of the original first defendant.