Sunday Olayori & Ors V. Alfa Usman Lawal Akindele & Ors (2017)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

NONYEREM OKORONKWO, J.C.A. (Delivering the Leading Judgment)

The main issue that arose in the foregoing appeal does not relate to the ownership or title of the disputed land which was declared in the judgment of the trial Court but to the consequence of denial or challenge of the over lordship of land by a customary grantee of the land.

In the case at the lower Court, i.e. the High Court of Oyo State at Ibadan, the claimant (herein respondent) sued the defendant (herein appellant) for the following:

i. Declaration that the Claimants are entitled to the Statutory Right of Occupancy in respect of the piece/parcel of land situate, lying and being at Egan-Arin Akindele Village, off Bako Road, Ibadan.

ii. Declaration that the land, the approximate of 2,135 acres and 3647.147m sq. already sold to the 4th Claimant in respect of the said land is valid and subsisting.

iii. An Order for payment of N10,000.00 (Ten Thousand Naira Only) as damages suffered by the Claimants as a result of trespass on the Claimants? land at Egan-Arin Akindele Village, along Bako Road, Ibadan and started uprooting the teak trees already

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planted thereon.

iv. An Order of perpetual injunction restraining the Defendants, their servants, agents or privies from committing further acts of trespass on the said land or doing anything to the land or the users therein that may amount to or affect the peaceable occupation or the use of the land.

The defendant (who became appellant herein counter-claimed for the following reliefs:

i. An Order of forfeiture of the land granted by the 1st Defendant?s family to the Claimants and which is more particularly described and delineated and verged pink on Survey No. OY/297/2008/DS2 prepared by A.A. Adeyemi Surveyor dated 10/02/2008 be referred back to the 1st Defendant?s family.

ii. Declaration that the land sold to the 4th Claimant the approximate of 2,135 acres and 3647.147 sq is null and void.

iii. The sum of N50,000.00 (Fifty Thousand naira Only) being damages for trespasses by the Claimants on the Defendants land at Egan-Arin Village, Ibadan.

iv. An Order of perpetual injunction restraining the Claimants their agents, servant or privies however or whosoever from trespassing or further trespassing in any form or manner