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CaseLaw

Ogun V. Akinyelu (2004) CLR 12(f) (SC)

Judgement delivered on December 10th 2004

Brief

  • Forfeiture of tenancy
  • Contradiction in evidence of witness
  • Identity of land in dispute
  • Title to land
  • Joinder of issues

Facts

The Plaintiff from the beginning commenced this action in a representative capacity at IFO/OTA Grade One Customary Court, Ogun State, whereat they claimed for themselves and on behalf of Osata Adasin Family of Ijana Quarters, Otta, Ogun State against the Defendant for

  • "Declaration of ownership of about 105 Hectares of landed property which is situate, lying and being at Obere village via Atan-Otta, Ogun State of Nigeria of Ilusata Family Land of Otta, which the Defendant is now claiming to be his own.”

Immediately hearing in the matter commenced before the said Customary Court and for reasons not clearly apparent, the Defendant successfully petitioned to the Chief Judge of Ogun State for the transfer of the matter to the High Court. The matter came before Bakare J. at the Otta Judicial Division. After the delivery of pleadings, the Plaintiffs called seven witnesses while the Defendant called eight witnesses. In his judgment after the address of counsel, the learned trial Judge found for the Plaintiffs. He held in particular:

  • "All other methods of proving title in a declaration to land do not appear to have been pressed by the Plaintiffs the only proof they depended upon was traditional evidence, there is no doubt that the Defendant also gave a conflicting traditional evidence. I have during the course of the judgment shown stage by stage my reasons for finding the evidence of the Plaintiff more probable and acceptable in my view.
  • Apart from the relations of the Plaintiffs, the evidence of the tenants by inheritance coupled with those of their boundary men are more reliable. I have shown that the traditional evidence for the Defendant is more consistent with that of a stranger who was settled and later tried to oust the host. On the balance of probability I prefer the traditional evidence of the Plaintiffs and I hold that they have proved their title to the land by traditional evidence".

Thereafter the learned trial Judge granted the Plaintiffs the prayers and the reliefs they claimed as per paragraph 58 for the Statement of Claim.

The Defendant felt unhappy with the aforesaid judgment and filed an appeal to the Court of Appeal which dismissed the Defendant's appeal. It should be mentioned that Oloko Ilari Ogun the original Defendant died after filing the appeal in the Court of Appeal and was substituted by his son Taiwo Ilari Ogun, the Appellant now on record.

Taiwo Ilari Ogun, felt disgruntled with the decision of the Court of Appeal and has now further appealed to this Court.

Issues

  • 1
    Whether the final conclusion at the Court of Appeal that the Appellant...
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