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CaseLaw

Oshatoba V. Olujitan (2000) CLR 2(zb) (SC)

Judgement delivered on February 18th 2000

Brief

  • Brief writing
  • Fresh point on appeal
  • Leave to appeal
  • Native tribunals
  • Jurisdiction

Facts

The plaintiffs for themselves and as representing the people of Ife had at the Divisional Area Court, Kaduna instituted an action against the defendants for themselves and on behalf of the people of Ekinrin, claiming ownership of the piece or parcel of land situate between the Osun river and the other lands of the plaintiffs. The suit was subsequently transferred to the Upper Area Court, Lokoja by the Inspector of Area Courts, acting under powers conferred on him by virtue of the provisions of section 48(2) of the Kwara State Area Courts Law, 1967.

At the subsequent trial, both parties testified on their own behalf and called witnesses.

It is not in dispute that the plaintiffs and the defendants, the Ife and Ekinrin people, respectively, are two different communities in the Ijumu Local Government Area of the then Kwara State. The defendants are the representatives of the Ekinrin Community whilst the plaintiffs prosecuted this action for and on behalf of the Ife Community. Both communities laid claim to ownership of the landing dispute. Each side claimed that the land in dispute was founded by its ancestors and led copious evidence in this regard. The plaintiffs, in particular, claimed that they are the landlords of the defendants and that the defendants had encroached and trespassed on the other lands of the plaintiffs not granted to the said defendants. This piece of evidence was denied by the defendants.

At the close of evidence, the trial Upper Area Court inspected the locus in quo and made copious notes in respect thereof. Thereafter, it proceeded to evalu¬ate all the evidence adduced before the court and preferred the testimony of the plaintiffs to that of the defendants. Said the Upper Area Court -

  • "We are satisfied with the case of the plaintiffs that they gave lands to both Ekinrin and Egbeda and that Ekinrin, because they have been long where they now stand are trespassing where they were not given. This should not be allowed without the express permis¬sion of their landlords. We therefore find for the plaintiffs and hand down the following order. Order: We order that Ekinrin community should desist from parad¬ing themselves as the owners of the land from Ogbokoewe down to Osun to Oyi and Obaru river Onopa down to the old sand heap which they said is the old boundary between Ekinrin and Ikoyi. We also order that they should recognise Ogu and Oye families of Ife as their landlords.We finally order that Ekinrin should confine herself to the area given them by their landlords."

    • Dissatisfied with the said judgment, the defendants lodged an appeal against the same to the appellate division of the High Court of Justice. Kwara State, holden at Okene. That court, in a unanimous judgment, allowed the appeal, set aside the decision and orders of the trial court.

Issues

  • 1
    Whether the Upper Area Court has jurisdiction to adjudicate on an inter-...

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