Tijani Ikotun V. Oba Samson Oyekanmi & Anor (2008)

LAWGLOBAL HUB Lead Judgment Report

C.M. CHUKWUMA-ENEH, J.S.C.

This is an appeal from the decision of the Court of Appeal, Ibadan Division (lower court) dated 28/11/1996. The lower court allowed the appeal and set aside the decision of the trial court in the penultimate paragraph to the end of its judgment at page 107 of the record it held as follows:

“I think quite clearly suit HIL/5/72 is conclusive proof that the respondent was neither the owner of the land in dispute, nor in possession of it or a tenant. In the Circumstances, I am satisfied that by virtue of the judgment in exhibit ‘D’ the respondent was estopped from opening the matter again and instituting the present action in the lower court for exhibit D is a judgment in rem. The fact that the claims are the same as the claims in the present case is noteworthy …”

The plaintiff, (that is, respondent) in the lower court being dissatisfied with the decision has appealed to the court as per the original notice of appeal dated 13/1/97 and filed on 21/1/97. By an application, the court has granted the plaintiff/appellant on 16/6/2004 leave to file a fresh notice of appeal containing two grounds of appeal. The parties have filed and exchanged their briefs of argument. The appellant has also filed a reply brief of argument. The appellant has also raised in his own brief one issue for determination which has been adopted by the defendants/respondents. It reads as follows:

“Whether the lower court was right in holding that the trial court considered exhibits B and D for the purpose of res judicata only”

The plaintiff’s claims in the trial court as per the amended writ of summons dated 11/10/90 at page 20 of the record of appeal read as follows:

“1. Declaration that the plaintiff is the person in possession of the farmland situate lying and being at ERINRO via IPERINDO in the Atakunmosa Local Government of Oyo State which farmland is bounded as follows:

On the first side by ERINRO Stream;

On the second side by Oni River:

On the third side by Alaposo stream;

On the fourth side by Obembe farmland:

The annual rental value of the land is N1,000.00.

(2) Declaration that the defendant cannot interfere with the plaintiffs enjoyment of the farmland or the enjoyment of any person claiming through the plaintiff.

(3) Injunction restraining the defendants, his servants, agents and/or privies from interfering with the plaintiff’s enjoyment of the farmland or threatening harassing or embarrassing the plaintiff’s tenants or any person claiming through the plaintiff any portion of the said farmland”.