Sule Eyigebe Vs Musa Iyaji (2013)

LAWGLOBAL HUB Lead Judgment Report

CLARA BATA OGUNBIYI, J.S.C.

The dispute which culminated into this appeal has a very long and chequered history. It is in respect of a parcel of land in Kogi State called ‘Ikare Anama’ situate at Ajaka Kogi State. It is very intriguing to also state that the dispute started about 1960 at Ajaka Area Court, and went up to the Supreme Court which judgment was handed down only in 1987 in which the present respondent as plaintiff was declared the owner of the land.

Following the judgment, the appellant in this appeal appeared to have accepted his position as a tenant to the respondent in accordance with the rights of the parties based on the judgment of the Supreme Court.

However, on the 21st December, 1999, the respondent instituted a suit No. CV. 194/99 at the Grade 1 Area Court Ajaka, Kogi State and claimed the following relief:-

“Enforcement of the Supreme Court of Nigeria (sic) in case No. SC. 232/1984 decided in favour of the plaintiff on 10th July, 1987 by ordering the defendant Sule Eyigebe, his agents, privies and tenants to vacate the land known as ‘Ikare Anama’ situate at Ajaka.”

The manner the claim was phrased, although confusing, was nevertheless interpreted by the Area Court as one for forfeiture. The court, while considering the evidence by the parties also took into consideration the judgment of the Supreme Court admitted as exhibit D2, and it accordingly dismissed the plaintiffs’ claim.

Dissatisfied, the respondent brought an appeal against the judgment of Ajaka Area Court before the Upper Area Court, Idah, Kogi State. On 17/9/2001, the Upper Area Court in its judgment reversed the decision of the Ajaka Area Court. It allowed the appeal and ordered forfeiture of the land against the present appellant, who was obviously dissatisfied with the judgment and hence appealed against it before the High Court, Kogi State sitting at Idah.

On 8/3/02, the High Court in its appellate jurisdiction dismissed the appeal by the appellant. It however proceeded to make some orders in modification of the judgment of the Upper Area Court Idah to read as follows:-

“1. The defendant/appellants caretaker-ship over the land or portion thereof known as ‘Ikare Anama’ ceased henceforth.

2. The defendant/appellant shall henceforth cease from-

a) tempering with fiddling about with or harvesting any economic trees on the said land.

b) alienating or dealing in whatever form or manner with the said land or portion thereof.

3. The defendant/appellant shall retain-

a) his abode, accommodation or dwelling place for having been in occupation for a long period.

b) his present farm house or farmstead.

4. Those who as at the date of this judgment had been apportioned plots on the said land whether or not covered by C of Os are to retain such possession…”

The respondent having been earlier awarded the ownership of the land, subject of litigation, by the Supreme Court since 1987, was obviously alarmed by the subsequent decision of the High Court; as a consequence, he therefore lodged an appeal to the Court of Appeal Abuja Division by challenging orders 3 and 4 made supra for being draconian and erroneous. The lower court on 2nd July, 2003, in delivering its judgment allowed the appeal and set aside the two offending orders; hence this appeal by the appellant now before us.