Sule Sanni V Durojaiye Ademiluyi (2003)

LAWGLOBAL HUB Lead Judgment Report

E. OGUNDARE, J.S.C.

By paragraph 23 of the amended statement of claim, the plaintiff (who is the respondent in this appeal) had claimed from the defendant, now appellant:

“23. Whereof the plaintiff’s claim against the defendant is for a declaration that the plaintiff is entitled to occupation and possession of the farmland situate lying and being at Idi-Ogun village, Ife in accordance with native law and custom of Ife having been in lawful occupation and possession of the said land long before the Land Use Act.

The plaintiff also claims perpetual injunction restraining the defendant, his servants, agents or privies from further entry or trespass on the said farmland.”

The defendant resisted the claim and filed a statement of defence which he subsequently amended. The matter went to trial at which the parties called witnesses. After learned counsel for the parties had addressed the court, the learned trial Judge Adeniran, J. in a reserved judgment found plaintiff’s claim not proved and dismissed it with costs. The plaintiff being dissatisfied with the judgment of the trial High Court appealed to the Court of Appeal. The appeal was successful. The Court of Appeal set side the judgment of the trial High Court and entered judgment in favour of the plaintiff and his claims. That court per Dalhatu Adamu, JCA adjudged as hereunder:

“Finally with the resolution of all the issues in this appeal in favour of the appellant, his appeal has succeeded and must be allowed. The appeal is consequently hereby allowed. The decision of the trial court is hereby set aside. In its place judgment is hereby entered in favour of the appellant as per paragraph 23 of his amended statement of claim. He is consequently hereby declared to be entitled to occupation and possession of the farmland situate and being at Idi-Ogun village, Ife in accordance with native law and custom of Ife and having been in lawful occupation and possession of the said farmland long before the Land Use Act. I assess the cost of this appeal at N1,000.00 which I hereby award in favour of the appellant.”

It is against this judgment that the defendant has now appealled to this court upon 4 grounds of appeal contained in his amended notice of appeal filed with the leave of this court. In his amended brief of argument in this court the defendant through his counsel Olatunde Shonibare Esq. formulated 5 issues which run thus:

“(i) Whether the High Court has jurisdiction to even entertain an action subject of land situate in a village (by plaintiff’s admission 22 miles from Ife) Idi-Ogun, and given the position of the law, both statutory and case laws on the court with jurisdiction to entertain such matter. Meanwhile there is a customary court in the area.

(ii) Whether the court has jurisdiction to entertain an action wherein a plaintiff is claiming entitlement to statutory right of occupancy in respect of land situate in a village.

(iii) Whether the plaintiff was able to prove by credible evidence the averment that all land by Ife custom belong to the crown (King) and that ownership by settlement is alien to Ife and in essence that the land was a grant made to his family by the Ooni of Ife.

(iv) Whether the plaintiff was ever in possession of the land in dispute as against the defendant.

(v) Whether even if the Court of Appeal were to admit the exhibits on criminal charges and evidence adduced thereon there are still no materials before the learned trial Judge, who saw witnesses and heard evidence to come to the same decision dismissing the plaintiff’s case in its entirety.”

The plaintiff for his part in his own respondent’s brief formulated the following 4 issues:

“1. Whether it was right for the trial court to assume jurisdiction and try the case based on the location of the land in dispute and the claim as formulated before the trial court.