Suara Omoteji & Anor V. Madam Monilola Akinbajo Asanke & Anor (2012)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

MODUPE FASANMI, J.C.A (Delivering the Leading Judgment)

This is an appeal against the judgment of the High Court of Justice, Oyo State sitting in Ibadan delivered on the 2nd of October 2007.

The Respondents as Plaintiffs at the lower Court claimed against the Appellants who were Defendants as follows:

(a) Declaration that the Plaintiffs are the beneficial owner and entitled to the grant of Statutory Right of Occupancy in respect of the piece of land situate, lying and being at SW3/433 at Iyana Agbongbon, Idi Arere Area, along Molete-Oja’ba Road, Ibadan more particularly shown and demarcated on Survey Plan N9.KESH/Y/10240 dated 29th December 1983;

(b) Perpetual Injunction restraining the Defendants jointly and/or severally whether by themselves, their servants, agents, and/or privies or howsoever called or anyone claiming through them from disturbing Plaintiffs possession, trespassing or entering the land, selling, leasing or making use of the land in any way whatsoever;

(c) Cost of this suit.

The Appellants as Defendants Counter-claimed against the Respondents as Plaintiffs at the lower Court as follows:-

(a) Declaration that the Defendants are entitled to the Statutory Right of Occupancy in respect of the piece or parcel of land situate, lying and being at SW3/433, Omoteji Compound, Iyana Agbongbon along Molete-Ojaba Road, Ibadan whereof a Block of Shops is erected as shall be described on the Survey Plan to be drawn later;

(b) Perpetual Injunction restraining the Plaintiffs by themselves, their servants, agents and/or privies or howsoever called or anyone claiming through them from further trespassing on the land in dispute;

(c) Forfeiture of the Plaintiffs Blocks of Shops on the land in dispute

(d) Cost of this suit.

The Plaintiffs (Respondents) case is that they are the beneficial owner of the land in dispute. They traced their root of title to grant by Baale Elelubo (Yam Flour) before he became Baale of Ibadan in 1930.

They gave evidence of being in possession of the land in dispute from Baale Elelubo. They also claimed compensation when their house on the land in dispute was destroyed or demolished by the Oyo State Government for Ojaba-Molete Road construction. The remaining part of their inherited house was converted into shops facing the main road.

Appellants’ case is that their grandfather Mogaji Oke gratuitously granted the land in dispute to Adebisi who was the ancestors of the Respondents because Kosenatu Alaba who was the wife of Mogaji Oke was a friend to Abimbola who married Adebisi.