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CaseLaw

Adeyefa & Ors. V. Bamgboye & Ors. (2014) CLR 5(c) 2014

Judgement delivered on May 9th 2014

Brief

  • Trespass to land.
  • Issues once litigated upon.
  • Ground of appeal.
  • Estoppel per rem judicatam
  • Claims in Nuisance and Trespass
  • Evaluation of evidence

Facts

The land in dispute is an access road between the Police Barracks and the respondent's building to Moore or Ilesa/lfe Major road.

The appellants were the community resident at Ojaja Quarters of Moore, Ile-Ife, Osun state. The land in dispute is an access road between the Police Barracks and the respondent's building to Moore or Ilesa/lfe Major road.

Appellants stated that the access road had been in existence from time immemorial being used as road. First by the farmers farming around DOKUN - DOSA STREAM over sixty years before the respondent's father purportedly purchased the land in dispute. Buildings began to spring up behind the Police Barracks and other buildings around Dokun - Dosa stream. The old road was expanded to a motor -road over 30 years ago before trouble started over the access road-in-dispute and was so used by the inhabitants.

Later, the respondent's father, called Ganiyu Elusoji, purportedly purchased the adjacent land including the access road- in-dispute unknown to anybody. He embarked sometime in 1970 to develop the land. Thereby encroached on part of the access road in dispute and was challenged. The town planning authority and Ife Local Government Council however intervened and settled the dispute leaving the land in dispute about ten feet wide as access road to the appellants community. The settlement was accepted by both parties. The small remaining access road was left for the community and the said Elusoji was left to continue his building in the interest of peace on both sides.

The respondent's father died and was succeeded by the respondent's mother and one Bello Bamgboye her uncle. Later, both blocked the access road by creating thereon a shed and a wall fence. This led to court action.

After hearing evidence the trial court dismissed all the reliefs claimed by the plaintiffs now appellants on the ground that-

  • a
    The appellants failed to prove their title to the access road-in-dispute on which the nuisance was committed on the basis that the claim before the court was synonymous to Trespass and Injunction. So title to the land must be proved.
  • b
    The previous judgment in suit 27/83 tendered as Exhibit P1 which declared the land-in-dispute an access road was not binding on the respondent because issue of title was not considered in the suit since the defendant's Deed of conveyance was not the customary court and since the issues raised in Exhibit P1 suit No. 27/83 were not on all fours with the issue in the instant case before it, so it cannot be used to raise an issue estoppel against the defendant; that is, the judgment 27/83 decided cannot be proved of what it decided in the case before the court.
  • c
    that the Ife Area Town Planning Authority decision contained in its letter tendered as Exhibit P7 which also declared the land-in-dispute as a road was a mere advice and not effective to create the access-road land as a road.
  • d
    that the defendant has proved her title to the land and since the appellants could not prove better title to the land the claim must fail and dismissed them.

    • The appellants herein were aggrieved by the judgment of the trial court and unsuccessfully appealed to the Court of Appeal Ibadan Division. The Court of Appeal hereinafter called the court below unanimously dismissed the appellants' appeal.

    Dissatisfied with the judgment of the learned justices of the Court of Appeal, the appellant appealed to the Supreme Court.

Issues

  • 1
    Whether or not obstruction of road subject of claim amounts to nuisance...

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