Sadiku Ogunsakin & Ors V. Samuel Balogun & Anor (2015)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

JAMES SHEHU ABIRIYI, J.C.A. (Delivering the Leading Judgment)

This appeal is against the ruling delivered on 5th May, 2003 in the High Court of Ondo State in the Ikare-Akoko Judicial Division holden at Ikare Akoko.

The Respondents in this appeal were Plaintiffs in Suit NO: HIK/17/81 Balogun & Anor v. Shittu Onigbede & Ors which commenced from Ikare. The Respondents claimed against the Appellants for the following reliefs:

(a) Declaration of Statutory right of occupancy to all that piece and parcel of land known as Odoso family land situate, lying and being along Ikare-Owo Road, Ikare – Akoko, delineated on plan to be filed hereafter.

(b) Forfeiture of all the rights and interest whatsoever of the Defendants as customary tenants on the portion of the aforesaid land granted to them by the Plaintiffs.

(c) Perpetual Injunction restraining the Defendants, their servants, agents, privies and all persons, claiming by and through them from further entry on the said portion of the plaintiffs’ family land aforesaid.

Judgment was entered in favour of the Respondents as per the reliefs reproduced above

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and claimed by the Respondents.

The Appellants appealed to the Court of Appeal and lost.

They proceeded to the Apex Court and lost again.

When the Respondents sought to enforce the judgment by filing a writ of possession in execution of the judgment; the Appellants now instituted a fresh action in the High Court of Ondo State, Ikare-Akoko Judicial Division claiming against the Respondents the following:

(1) Declaration that the Plaintiffs, being persons in Possession of the piece or parcel of land situate and being along Ikare-Owo Road, Ikare Akoko measuring about 5km and more particularly described in the Survey plan to be filed in this suit are the persons entitled to the possessory rights over the said Piece of land.

(2) Declaration that the Plaintiffs being a large community of people who have been in possession of the land from the time of their ancestors have indefeasible interest on the land which cannot be forfeited under any circumstances whatsoever.