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CaseLaw

Ayorinde & Ors V. Sogunro & Ors. (2012) CLR 5(b) (SC)

Judgement delivered on May 4th 2012

Brief

  • Examination in chief
  • Proof in civil cases
  • Section 34(1) Evidence Act
  • Evaluation of Evidence
  • Declaration of title to land
  • Ownership of land
  • Traditional history
  • Concurrent findings

Facts

The respondents as plaintiffs sued the appellants (defendants) on a writ of summons and statement of claim for:

A declaration that the plaintiffs are the persons entitled to customary right of occupancy in respect of the vast area of land situate lying and being at and around Idi Orogbo area, Ikij a village in Ogun State of Nigeria.

  • 1
    A declaration that the 1st, 2nd and 3rd defendants are customary tenants of the plaintiffs.
  • 2
    A declaration that the 1st, 2nd and 3rd defendants are customary tenants of the plaintiffs.
  • 3
    Recovery of possession of the vast area of land situate, lying and being at and around Idi Orogbo area, Ikij a village in Ogun State of Nigeria held under customary acts inconsistent with and in defiance of the plaintiffs, refusing to pay annual rent/tribute and selling and leasing the said land.
  • 4
    Declaration that all sale or leases or purported sales or leases allegedly made by the defendants were null and void.
  • 5
    Perpetual injunction restraining the defendants from further selling or leasing the said land. The annual rental value is N500.00.

The case was tried on pleadings. In their statement of claim, the plaintiffs traced their traditional history of the land in dispute to Ibaragun, the founder of the Ibaragun land. The defendants traced their traditional history to Kunrunmi. Seven witnesses were called by the plaintiffs, while the defendants called five witnesses. In all, six documents were admitted in evidence as exhibits. Trial commenced on the 28th day of March, 1994 and was concluded on the 7th of December, 1994. Judgment of the trial court was delivered on the 23rd day of February, 1995. In that judgment, the learned trial Judge entered judgment in favour of the plaintiffs/ respondents.

Dissatisfied with the judgment, the defendants/ appellants appealed to the Court of Appeal, Ibadan Division. The Court of Appeal affirmed the judgment of the trial court and dismissed the appeal.

Further dissatisfied, the appellants appealed to the Supreme Court.

Issues

  • 1
    Whether the evidence, Exhibits E and F admitted by the trial court with the...

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