Sunmonu Olohunde V Professor S.k. Adeyoju- (2000)

LAWGLOBAL HUB Lead Judgment Report

IGUH, J .S.C. 

By a writ of summons issued on the 12th day of March, 1982 in the Ibadan Judicial Division of the High Court of Justice, Oyo State, the plaintiff, who is now the respondent, instituted an action against the defendants, now the appellants, jointly and severally claiming, as subsequently amended, as follows:-

“1. Declaration that he is the person entitled to occupation and possession of the piece of land measuring about 20 metres by 60 metres (67ft x 200ft) covering an area of approximately 0.12 Hectre, situate at Akoka Village, Ife Road, Ibadan and more particularly marked and delineated on Plan No.L4 & L/D 2131 drawn by Laniyonu & Lawson, Licensed Surveyors and dated 2nd August, 1975 and attached to the certificate of statutory right of occupancy dated 9th January, 1981 Registered as No.9 at page 9 in volume 2357 of the Land Registry in Ibadan.

The sum of N5,000.OO (Five Thousand Naira) being special and general damages for trespass committed by the defendants on the said land as follows:-

1st Defendant

Special Damages N1,700.00

General Damages N800.00

N2,500.00

2nd Defendant

Special Damages N1,700.00

General Damage N800.00

N2,500.00

3. Injunction restraining the defendants, their agents, servants and privies from committing further acts of trespass on the said piece or parcel of land.”

Pleadings were ordered in the suit and were duly settled, filed and exchanged. At the subsequent trial, both parties testified on their own behalf and called witnesses.

The case, as presented by the plaintiff, viva voce, is that Beyioku was the Original owner of the land in dispute by first settlement. In 1975, PW5, Olalere Beyioku and other members of the Beyioku family sold the land in dispute to PW2, Daniel Wellington Aiyedun, and executed a deed of conveyance dated the 21st January, 1976 in his favour. This deed of conveyance, Exhibit G, was registered as No. 57 at page 57 in Volume 1881 of the Register of Deeds kept in the Land Registry at Ibadan. Daniel Wellington Aiyedun subsequently resold the same land in 1977 to the plaintiff for the sum ofN2,600.00 per the receipt Exhibit A dated the 1st March, 1977.