Samuel Umoru V. Dr. F. A. Akinyede (2006)

LawGlobal-Hub Lead Judgment Report

OGUNWUMIJU, J.C.A.

This is an appeal against the decision of the High Court of Ekiti State holden at Ado Ekiti delivered by D. F. Babalola on the 30th day of July, 2003. Therein the court dismissed on all grounds the appeal filed by the appellant against the judgment of the Customary Court of Ado Ekiti holden at Ado Ekiti delivered on 26th of April, 2000.

The facts leading to this appeal as can be ascertained from the records of proceedings are as follows:

The appellant in this court and also the appellant in the lower court was employed to farm and harvest the respondent’s family palm oil plantation situate at Omioloko farm via Igirigiri, Ado Ekiti.

He worked on the oil plantation from 1976 till 1995 when at a meeting of the family and in the absence of the family head the family decided to order him to vacate the farm. The family purportedly dispensed with his services because of allegations that he had been fighting, threatening people with cutlass and he had not been giving the family their expectation or satisfying the conditions of the contract. His refusal to vacate the farm prompted the action at the trial court. The original plaintiff sued on behalf of the Fasuru family.

An application was made by the family and an order granted to substitute the present appellant for the former plaintiff since the latter was found to be frail and old.

At the trial customary court the plaintiff now respondent had claimed as follows:

“1. Possession of a piece of land (oil palm plantation) situate lying and being at Omioloko farm, via Igirigiri Ado Ekiti.

2. Injunction restraining the defendant, his servants or agents from further staying on the farm for any purpose.”

At the trial court, the plaintiff gave evidence and called one witness. In his evidence-in-chief, he amplified the claim as follows:

“1. I am going to talk on four principal points. (1) Ownership of the land (2) The eligible members of the community who owns the land (3) Administration of the resources (4) Decisions of external intervention such as Ewi in council and others …”

The plaintiff went on at length to give evidence on these points and he was thoroughly cross-examined on them. His witness also gave evidence along these lines. Pages 37 to 40 of the records.

The defendant at the trial gave evidence and called two witnesses. Chief John Babafemi Akinyede the Asamo of Ado Ekiti swore that he put the defendant on the farm to produce palm oil for the Fasuru family. He was not told nor did he consent to any of the family member’s decision to send the appellant away from the farm.

The Customary Court after hearing the parties and their witnesses visited the locus in quo on 24/3/2000 and on 26/4/2000 gave judgment inter alia as follows: