Yesufu Adeosun & Anor V. Madam Ayisatu Jibesin & Ors (2000)

LawGlobal-Hub Lead Judgment Report

ADEKEYE, J.C.A.

This appeal is sequel to the judgment delivered in suit No. AB/140/88 before the High Court of Ogun State, Abeokuta Judicial Division on the 21st of May, 1993 whereupon Yesufu Adeosun, Fagbanla Babatunde Omoyele. For themselves and on behalf of Omoyele family – claimed against the defendants, Madam Ayisatu Jibesin, Sunday Ogungbade, Dauda Muraina Akiode as follows:-

(1) Declaration that the plaintiffs are entitled to statutory right of occupancy in respect of a piece or parcel of land situate, lying and being at Isale Abetu, Lantoro Abeokuta, Ogun State.

(2) A sum of N2,000 (Two thousand Naira) being damages for trespass committed by the defendants by demolishing iron sheet fence erected round the land by the plaintiffs and constructing another fence without the consent of the plaintiffs.

(3) Injunction restraining the defendants, their agents, servants and privies from committing further act of trespass on the said land.

In addition to the foregoing in paragraph 34 of the statement of claim the plaintiffs asked for special damages as follows:-

(a) The sum of N1,800 (One thousand eight hundred Naira) being the cost of the iron sheets destroyed by the defendants.

The 1st and 2nd defendants filed a joint defence and counter-claimed as follows:-

(a) Declaration that the 1st and 2nd plaintiffs family (who are the 1st and 2nd defendants in the original action) are entitled to apply for a statutory right of occupancy over that piece or parcel of land situate, lying and being at Isale -Abetu Abeokuta Ogun State of

(b) N500 (Five hundred Naira) damages for trespass committed by the defendants) who are the plaintiffs in the original action) on the plaintiffs family who are the defendants in the original action land without the consent and authority of the 1st and 2nd plaintiffs family who are the 1st and 2nd defendants in the original action.

(c) Perpetual injunction restraining the defendants (who are the plaintiffs in the original action) their servants, agents or privies from committing further acts of trespass on the land.

The 3rd defendant – Dauda Muraina Akiode did not take any steps to defend the action.

The facts of the case in a summary are that the plaintiffs, now appellants before this court, are members of Omoyele family; who traced their genealogy to one Adeniyi, who in turn came from Ile-Ife to settle on a large parcel of land at Isale Abetu, Lantoro, Abeokuta Ogun State. The appellants inherited the land in dispute from their fathers who were descendants of Adeniyi. They pleaded various act of ownership like Adeniyi building a house on a portion of the land and farming on the rest, and made grants to one Keshinro Wahabi and Olayiwola and Alhaji Raimi.

They granted a lease of the land in dispute to one Alani Akinloye to build a poultry in 1978. In 1985, the defendants now respondents planted some pillars on the land in dispute which the appellants uprooted. The respondents sued the appellants to court – but the action was struck out for want of prosecution. After this action – the respondents came into the land in dispute and demolished the iron sheet fence and poultry belonging to the tenant of the appellants. The 1st and 2nd defendants/respondents traced their entitlement to the disputed land through their ancestor one Agbobiewe around 1830. Agbobiewe came as a hunter from Itoko and established Agbobiewe village. In establishing acts of ownership, the family granted land to Sir Polemola Alake of Egbaland to build the prisons. This was later converted to deformed Congolese soldiers yard, and later to an asylum. The respondents planted mango trees on the land and dug clay for people for pottery-making. They claimed peaceful possession of the land through various descendants of the original settler till 1978 when they observed that there was a foundation as well as a fence on the land. They thereafter sued to court but the sickness of the 3rd respondent prevented them from pursuing the action. In 1985, the respondents planted their pillars after damaging the appellants’ fence. The receipt in respect of the damaged fence and photographs to show the destruction were tendered as Exhibits C, D-D3 respectively. The appellants held that they sold land to one Abibatu who occupied the land for eighteen years until she died in 1986. The respondents also filed a counter-claim – where they asked for reliefs against the appellants as mentioned earlier on in this judgment. Both parties exchanged pleadings in the counter-claim. In a bid to ascertain the identity of the disputed land both parties engaged the services of surveyors who tendered the survey plans as Exhibits E and H which are in respect of the same area of land – during the course of trial. At the conclusion of the trial before the High Court, the claims of the appellants were dismissed, while the trial court gave judgment for all the respondents in terms of their counter-claim.