Williams Ladega V. Kasali Akinliyi & Ors (1969)

LawGlobal-Hub Lead Judgment Report

Fatayi-Williams, JSC.

In Suit No.1/291/58 filed in the Ikeja High Court on 6th December, 1958, the plaintiffs claim was as follows:-

“(1) a declaration of title under Yoruba native law and custom to all that piece or parcel of land at Mushin in a plan whereof will be filed in this suit.
(2)  a declaration that the defendants have forfeited all rights possessed by them under Yoruba native law and custom to the said land; and

(3)  possession of the said land.”

In another suit, that is, Suit No.HK/108/61 filed in the same court later on 25th  August, 1961, the same plaintiffs claimed against one Lasisi Salu –

“(i)     a declaration that the plaintiffs are the absolute owners under native law and custom of all that piece or parcel of land situate lying and being at Mushin within the jurisdiction of this Honourable Court a plan of which land will be filed in this cause;

(ii)     #25 being general damages for trespass to the said land;

(iii)    an injunction restraining the defendant his servants and/or agents from further trespassing in the said land; and

(iv)     possession of the said land.”

Both suits were consolidated by order of court made on 23rd September, 1963. At the hearing on 9th February, 1965, at which Mr. Lardner appeared for the plaintiffs in the two cases while Mr. Shyngle appeared for the defendants in Suit 1/291/58 and Mr. Adesina for the defendant in Suit HK/108/61, the learned trial Judge, Somolu, J., (as he then was) made the following notes:-

“Adesina says that the land which is the subject matter of suit No. HK/108/61 is included in the larger area covered by Suit No. 1/291/58. Lardner agrees. Adesina says that he is willing to be bound by the results of suit 1/291/58.”

In their amended Statement of Claim in Suit I/291/58, the plaintiffs averred that the land in dispute was part of a vast area of land which was first settled upon by their ancestors one Odu Abore and one Aileru about three hundred years ago. Until their death the two settlers exercised acts of ownership and possession over the said vast area. On their death their descendants used the land  in common. These descendants of both Odu abore and Aileru together with their domestics are  now referred to as the Ojuwoye Community. The Community, in the continuous exercise of acts of ownership and possession over the vast area since the death of their ancestors, have granted innumerable leases and customary tenancies of portions of the said land including the portion now in dispute. One of their customary tenants was one Ifadu an Ifa priest whom the Community because of his “natural gifts,” appointed their Alashe. The land thus granted to Ifadu was for his use and occupation subject only to his good behaviour and the proper performance of his duties as the Alashe of the Community. The defendants who are the descendants of the said Ifadu Alashe had in recent years claimed to be the absolute owners of the land in dispute and, in spite of the warnings of the plaintiffs, had been granting leases and selling portions thereof without the consent of the Ojuwoye Community. With respect to this alienation of the land by the defendants, the plaintiffs averred finally in paragraph 17 of their Statement of Claim as follows:-

“17.    By Yoruba native law and custom, a customary tenant who challenges the title of his overlords or acts contrary to the terms of his grant is liable to be evicted and to forfeit his holding.”

In their amended Statement of Defence, the defendants in Suit 1/291/58 denied that the plaintiffs were their overlords and averred further in paragraphs 5 and 7 thereof as follows:-
“5.   The defendants aver that their family – the Alashe family – are the original owners of the land in dispute by right of settlement and have been in possession thereof exercising maximum acts of ownership for well over 200 years under Yoruba native law and custom
…………………………………………………………………..