CaseLaw
Oyedoke V. The Reg. Trustees of CAC (2001) CLR 2(n) (CA)
Brief
Facts
This is an appeal against the judgment of Osun State High Court of Justice sitting at Osogbo in suit No. HOS/142/88 delivered on the 19th of July, 1993.
Pleadings were filed and exchanged by the parties. Plaintiffs case in line with their pleadings, was that the land in dispute situate at Talafia quarters Ede was granted to the Christ Apostolic Church Ede in 1939 by Timi Sanusi Akangbe. The members of the church who requested for the land were Pastor Odubanjo, Apostle Babalola, Prophet Babajide and Pastor Hanson. The plaintiffs erected tents on the land in 1940 for Revival services. In 1942 a small church and vicarage were built on the land. In 1944 a school was founded thereon. In 1949 the plaintiffs commenced the building of a large church on the land and this was extended to accommodate a Bible College in 1953. In 1958, the plaintiffs caused Chief Abolade Coker to survey the land and he produced the plan Exhibit A. He produced the litigation plan Exhibit Al for the plaintiffs in 1989. In 1967 Oba Laoye the Timi of Ede executed a Deed of Conveyance ExhibitA2 in respect of the disputed land in favour of the plaintiffs. In l980, the C.A.C Grammar School was established on the land. Ede Local Government encroached on a portion of the land in 1980 to which the plaintiffs protested.
The 3rd defendant witness started to sell portions of the land in 1980, and the 4th defendant witness started to erect a building on the land. The plaintiffs prevented these moves. In 1984 the plaintiffs erected barbed wire fence round the land. The defendants removed part of the fence to erect foundations of houses on the land. The move was brought to the notice of the police. In 1986 the plaintiffs built the Women Bible College, a Nursery and Primary School, Children's Church, Hostel and a Hall for Good Women Society on the land in dispute. The plaintiffs improved the land further by erecting a wall fence round it. The 2nd, 3rd and 4th defendants/ appellants destroyed a portion of the wall and 400 cement blocks. The incumbent Timi of Ede - Oba Oyewusi Agbonran II and the 6th defendant witness testified before the court that prior to the promulgation of the Land Use Act, 1978, all land in Ede was vested in any reigning Timi. Anybody who wants to use land must get a grant from him. That the land in dispute was granted to the plaintiffs by Timi Sanusi Akangbe which was confirmed by the Timi that the disputed land had never been Folarin Family land. The defendants/appellants on their part maintained that the disputed land is Folarin Family land and not Timi Chieftaincy or Stool land. They however admitted that Oba Sanusi Akangbe a member of the Folarin Family granted a parcel of the land verged green in Exhibit C to the plaintiffs sometime ago. Timi Akangbe granted the land to the plaintiffs in his capacity as a principal member of Folarin Family. The defendants/appellants conceded the small portion to the plaintiffs. The appellants denied the trespass alleged to have been committed by them. The 3rd defendant Aliu Dodo stated that the Folarin Family granted ……a portion of the land verged yellow on Exhibit C to his grandfather called Eboyomi. The grant was made during the reign of Timi Olanisebe. A plot out of this land was granted to Seidu Raimi - the 6th defendant witness on which he was then erecting a building. Alimi Akinloye, a member of Folarin Family however testified about the grant to the plaintiffs/respondents as an outcome of which their cocoa, palm-trees, kola nut-trees on the land were destroyed without paying compensation to them. The learned trial Judge after consideration of the evidence before him found in favour of the plaintiffs/respondents and ordered as follows:-
Issues
Whether having regards to or upon all the evidence before the trial court in...