Compulaw - 1st Indigenous Digital Law Library

Brief

Ground of appeal
Leave of court

Facts

The appellants were the defendants in the High Court of Lagos State and the respondents the plaintiffs to 13 the suit claiming:

a
that the Plaintiffs are entitled to the Statutory Right of Occupancy to all that piece or parcel of land situate at Amaso Compound of Ogbimebiri or Polo, Ogoloma which said land is more particularly delineated on Plan No. CTH.30 (L/D) and therein verged red.
b
order of forfeiture of the Defendants use of the land and house granted to him without fee by Plaintiffs ancestors.
c
a perpetual injunction restraining the Defendants, their kinsmen, servants and agents from further interference with the Plaintiffs ownership and possession of the said land in dispute."

Both parties filed and exchanged pleadings after which the suit was tried by Sagbe J. The Plaintiffs' case was simple and straightforward. They pleaded that the land in dispute, situate at Ogbikime Polo, in Ogoloma was first allocated to Plaintiffs' ancestor Amaso. The land has since remained in the Amaso family through the descendants of their ancestor. The 1st Defendant later sought the permission of one Oruta of Amaso family to reside in a house built on the land by Amaso. The permission was granted.A time came when the Plaintiffs' family needed the house because of the expansion as a result of population growth within the Plaintiffs' family. This imposed on the Plaintiffs the necessity to ask the 1st Defendant to quit the Plaintiffs' land. The 1st Defendant refused to quit and instead claimed the ownership of the land in dispute. The Plaintiffs then sued claiming as earlier set out above.

The Defendants in their statement of defence denied that they belonged to Kinigbo family of Koromibiri, Ogoloma or that the land belonged to Plaintiffs' ancestor Amaso. It was pleaded that the land in dispute was first settled upon by one Kwo, the 1st Amanyanabo of Ogoloma who was 1st Defendant's great grandfather through his son Amawatanka who begat 1st Defendant's father Owoniwari. It was pleaded further that the 1st Defendant's father, at his death, was buried on the land in dispute.

In its decision, the trial Judge dismissed the Plaintiffs' claim. Dissatisfied with the judgment of the trial Court, they brought an appeal before the Court of Appeal, Port-Harcourt, which dismissed the appeal and affirmed the judgment of the trial Court. Being also dissatisfied with the judgment of the Court of Appeal, the Plaintiffs/Appellants appealed further to the Supreme Court.

Issues

1
Whether this appeal is competent having regard to the failure of the....

Opuiyo V. Omoniwari (2007) CLR 6(e) (SC)

Judgement delivered on June 8th 2007

Brief

Facts

Issues