CaseLaw
Ogunaike V. Ogunaike vs. Ojayemi
Judgement delivered on March 20th, 1987
Brief
Facts
Plaintiffs/respondents sued the appellants for a declaration of title to land in a customary court Grade B. The plaintiff claimed to have inherited the property while the defendants case was that the land in the dispute was in fact a portion of the communal land of the Ijokun community and his chiefs, who as the accredited representatives settle Ijokun Community, allotted the land to him. He claimed that the land was granted to the section of this family, the Ogunike family of Ogunfowora compound in 1946 after they had paid the customary fees. He said that it was in 1946 that the land was demarcated measuring 300ft by 600ft, and that it was surveyed and was eventually conveyed to him by the Olorilu and his Chiefs in 1963.
At the trial in the Customary Court, Shagamu, each party gave evidence and called witnesses in support of their respective claims. At the conclusion of hear¬ing, the learned trial President of the Customary Court reviewed the whole of the evidence adduced by the parties and their witnesses, gave careful consideration to the submissions made by counsel on behalf of the parties and came to the con¬clusion that the plaintiffs had established their claim.
Defendant appealed to the High Court. The High Court on appeal allowed the appeal, set aside the trial court's judgment, dismissed the plaintiff's claim on grounds that the trial court did not evaluate the evidence and contents of exhibits tendered.
On appeal, the judgment of the High Court was set aside and trial court's judgment restored. Defendant further appealed to the Supreme Court.