Shittu Adeosun Vs Lawani Bablola (1972)

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UDO UDOMA, J.S.C. 

The appellants were the plaintiffs in Suit No. 11/63 in the Ibadan No.3 Grade B Customary Court wherein the claim against the respondents therein defendants was for:-

“Declaration of title to the piece of land at Itutaba, Ibadan bounded on the right by the Agodi Street, Taffy Highway, the left by Oluwa’s house, on the third side by a foot path and Ojuoje’s land, on the 4th side by Ega land. Injunction to restrain the defendants from committing further acts of trespass.”

At the hearing in the Customary Court, the appellants tendered and relied upon the judgment in their favour in suit No. 245/60- Yesufu Alabi v. Fakunle Agoro-of the Ibadan Judicial Native Court concerning the land in dispute in the present case and the plan No. C.K. 359/63 dated 12th November, 1963 both whereof were admitted in the proceedings and marked exhibits B and F respectively. On the plan, exhibit F, are delineated and shown two areas of land-one larger and verged red and the other smaller and verged violet within the larger area. There is also to be found thereon the following legend or note:-

“Area in dispute-verged violet

Land of plaintiff-verged red’

Thus the land in dispute between the parties, the subject matter of the action on which issues were joined in Suit No. 11/63, is the area delineated, shown and verged violet on the plan, exhibit F.

In the course of the trial and before judgment, the Customary Court members inspected the land in dispute. On 25th May, 1964, the court entered judgment for the appellants in the following terms:-

“Judgment is therefore for the plaintiff against the defendants jointly for the land in dispute verged red in the survey plan No. C.K. 359/63 drawn by Adekunle Coker (exhibit F) licensed surveyor.

The defendants, their agents, servants and any person claiming through them are hereby restrained from further trespassing on the land.”

Against that judgment the respondents appealed to the Ibadan No.1 Grade A Customary Court on a number of grounds. On 6th March, 1967 the appeal was dismissed. In his judgment dismissing the appeal, the learned President of the Court, after setting out the final portion of the judgment of the Ibadan No.3 Grade B Customary Court appealed against, said:-

“The first half of the above findings is a very important finding of fact by the trial court, and it disposes of most of the grounds of appeal which are based on wrong premises that the land in dispute was at one time the property of Ibiruntan- the ancestor of the defendants/ appellants. The trial President found as a fact that the land in dispute ‘was not at any time the property of their father.’

This court does not see its way clear to disturb these findings of fact of the lower court. Furthermore, this court finds as a fact that the present defendants/appellants have been estopped by the decision in the earlier case (exhibit B) from contesting the ownership of the land in dispute with the Agoro family.”

The respondents being dissatisfied, again appealed to the Ibadan High Court where the appeal was fully argued. On 11th July, 1968, the learned judge of appeal (Craig J.) dismissed the appeal in the following words:-