CaseLaw
Ajibulu V. Major Ajayi (Rtd) (2013) CLR 12(e) (SC)
Judgement delivered on December 13th 2013
Brief
Facts
The facts of the case culminating into this appeal are as follows:-
The respondent as plaintiff before the High Court of Justice, Osogbo in Suit No. HOS/12/97 claimed against the appellant as defendant for damages in trespass and perpetual injunction.
The plaintiff/respondent's case on the one hand is that he became vested with the title to the land in dispute vide a deed of conveyance registered as No/43/43/1502 of the lands registry in Ibadan. The aforesaid deed of conveyance which was executed in his favour by one Chief Timothy Dada (late) in 1973 was admitted in evidence at the trial court as Exhibit "A". The plaintiff’s story proceeded that sometimes in 1996 he discovered that the appellant was trespassing on the land in dispute by putting a building thereon. The appellant was approached by the agents of the respondent in order to let him know that the respondent was the bona-fide owner of the disputed land but the appellant refused and hence the action which brought about the present appeal.
On the other hand, the appellant has vehemently disputed the title of Chief Timothy Dada to the land in dispute by stating that he had once told him in 1975 that he was not the owner of the land and rather that the land belonged to Sapo family. The appellant's case therefore was that, although the said chief Dada had plots of land adjacent to the land in dispute, the negotiation for the purchase of the disputed land by the said Chief Timothy Dada was never concluded with the Sapo family.
In further substantiation, it was restated that it was from the Sapo family that his (appellant's) son, Mr. Olanrewaju Ajibulu subsequently bought a large expanse of land, including the land in dispute and the sale was evidenced by an agreement which was admitted in evidence as Exhibit "F". The appellant also admitted buying a different parcel of land from Chief Timothy Dada upon which he had erected his first building which was later acquired by the Osun State Government for the purpose of constructing the express-road; that it was after the demolition of the said building that his son, Mr. Olanrewaju Ajibulu offered him the land in dispute, which was a part of the land contained in Exhibit "F", for his building.
The appellant maintained that the land which he bought from Chief Timothy Dada which was covered by Exhibit "B" did not extend to the land in dispute. The learned trial judge in the circumstance and while finding in favour of the respondent as plaintiff held that all the plaintiff/respondent needed to establish in order to succeed in his claim was to tender exhibit "A" and no more. In otherwords, that it was unnecessary to prove the title of Chief Timothy Dada as there was no issue joined by the parties on his title. The defendant therein lodged an appeal to the Court of Appeal, which also towed and affirmed the trial court's judgment in holding the view that no issue was joined by the parties in respect of Chief Timothy Dada's title to the land in dispute. The appellant was again dissatisfied with the decision arrived at by the Lower Court and preceeded to file a notice of Appeal to this court
Issues
"Whether having regard to the facts and circumstances of this case the learned...