Yekini Adedokun Oyadare V. Chief Olajire Keji (2005)

LAWGLOBAL HUB Lead Judgment Report

KUTIGI, J.S.C.

In the High Court of Justice, holden at Ibadan, the plaintiff sued the defendants for the following reliefs:-

(i) Declaration that the plaintiff and other members of the Apete family are entitled to apply, for a certificate of occupancy in respect of the land in dispute which is at Aba Ayinde, Off Challenge, near Liberty Academy, near Odo-Ona, Elewe, Ibadan measuring 91.55 acres in area and more particularly shown on plan No. O.B.5136 of 22/10/1984 prepared by O. Bangbose, Esq. Licensed surveyor.

(ii) N20,000 general damages suffered by the plaintiff when the defendants unlawfully entered the plaintiff’s said land by themselves and thugs and destroyed plaintiff’s survey pillars and crops thereon sometime in August, 1984.

(iii) Perpetual injunction restraining the defendants, their servants, agents, privies, anyone claiming through or under them from –

(a) Further going into the plaintiff’s said land, that is, the land in dispute.

(b) From further committing any other acts of trespass thereon.

(c) From further terrorizing the plaintiff and members of his family on the said land.

After the exchange of pleadings the case proceeded to trial. At the trial the plaintiff gave evidence and called witnesses. The defendants also testified and called witnesses. Thereafter, counsel on both sides addressed the court.

At the end of the trial and in his judgment, the learned Judge extensively reviewed and considered the traditional evidence led by both sides and came to the conclusion rightly in my view, that the parties had adduced irreconcilable stories in form of traditional evidence and consequently disbelieved them and rejected same. Thereafter, the learned trial Judge proceeded to consider acts of ownership and of possession on each side. He came to the conclusion that the plaintiff had successfully established numerous and positive acts of ownership and possession sufficient to hold that the land in dispute belonged to him. He therefore, gave judgment in favour of the plaintiff in the following terms –

“(i) It is hereby declared that the plaintiff and other members of Apete family are entitled to apply for certificate of occupancy in respect of the land in dispute which is at Ayinde, Off Challenge, near Liberty Academy, near Odo-Ona, Elewe, Ibadan, measuring 91.55 acres in area and more particularly shown in plan No. O. B. 5136 of 22/10/84 prepared by Bangbose Esq., licensed surveyor.

(ii) It is hereby ordered that the defendants pay to the plaintiff the sum of N200.00 general damages for trespass on the said land; and

(iii) An order of perpetual injunction is hereby granted in favour of the plaintiff restraining the defendants, their servants and or agents and privies from any further trespass on the land or terrorising the plaintiff and members of his family thereon. N700 costs to the plaintiff.”

Dissatisfied with the judgment of trial court, the defendants lodged an appeal in the Court of Appeal holden at Ibadan. The main or principal issue for determination in that court was:-