CaseLaw
Adejumo & ors. V. Olawaiye (2014) CLR 5(a) SC
Judgement delivered on May, 30th 2014.
Brief
Facts
On the 1st of July, 1983, the plaintiff/respondent instituted an action against the defendants/appellants in the High Court of Oyo State claiming jointly and severally for a declaration of title to a statutory right of occupancy to a piece of land at Parakoyi Layout, Molete Ibadan; the sum of One Thousand Naira (1,000) as damages for trespass allegedly committed on the said parcel of land and an injunction restraining the appellants from trespassing on the said land.
The respondent’s father was the first to purchase the land in dispute from the Parakoyi family in 1956 and registered same. He was issued a certificate of occupancy. The respondent noticed the presence of the appellant on the land after taking possession of the land in 1972 which led to the immediate institution of an action of trespass and seeking of an injunction.
While the substantive suit was dismissed for want of diligent prosecution, an interim injunction was granted in favour of the respondent.
The appellants purchased the land in dispute in 1970 from the same family as the respondent under a different family head.
Despite the injunction granted to the respondent, the 2nd appellant continued the construction of the house he had been building while in 1978, the 1st appellant started the construction of her own house while the injunction was still in force.
After thorough evaluation of the evidence tendered, the learned trial judge held in favour of the respondent.
Dissatisfied, the appellants appealed to the Court of Appeal, which dismissed the appeal. Dissatisfied still, the appellants appealed to the Supreme Court.