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CaseLaw

Sogunro V. Yeku (2017) CLR 2(g) (SC)

Judgement delivered on February 24th 2017

Brief

  • - Pleadings – Bindingness of on parties
  • Pleadings – Nature and rules of
  • Fresh Point on Appeal – Propriety of
  • Traditional History – Meaning and nature of
  • Traditional Evidence - What is required of a person relying on in an action for declaration of title to land.
  • Traditional Evidence - Effect of party projecting two competing histories
  • Traditional Evidence - Nature of that will sustain claim for declaration of title to land
  • Witness - Whether credibility of witness is within the exclusive preserve of the trial court
  • Evaluation of Evidence – Appellate court attitude to
  • Section 66 of the Evidence Act, 2011

Facts

At the High Court of Ogun State, Otta Judicial Division, the appellants in this appeal (as plaintiffs) caused a Writ of Summons to be issued against the respondents herein (defendants). Pleadings were settled and exchanged; amended and exchanged.

The case of the appellants, as could be gleaned from Paragraph 33 of the Further Amended Statement of Claim, was expressed thus "The defendants being tenants of the plaintiffs have by their actions denied the plaintiffs' title and have claimed ownership absolutely or through other source." The reliefs sought were couched thus:

  • a
    A Declaration of forfeiture of the defendants' tenure under native law and custom;
  • b
    Possession of the said land."

Seven witnesses testified in favour of the plaintiffs. On their part, the defendants' case was put forward by their five witnesses. In his address, at the end of the oral testimonies, learned counsel for the defendants contended that the plaintiffs failed to establish that they (the defendants) were their customary tenants at Ibasa. He explained that the ancestors of the defendants settled thereat. He pointed out that the plaintiffs and their witnesses confirmed that the ancestors of the defendants, namely, Odeyale and Odeleye founded Olowotedo and created Oluweri Stream or river.

Contrariwise, learned counsel for the plaintiffs urged the Court to find that they made out a case that it was the plaintiffs' ancestors, namely, Abinu and Adetonlu, who first settled on the land, having migrated from Ile Ife, stopping over at Ijebu Ode. They finally, settled down at the land in dispute. In its judgment of October 21 1988, the Court, (hereinafter referred to as "the trial Court"), dismissed the plaintiffs claim.

This further appeal to this Court is the appellants' expression of their disavowal of the validity of the reasoning of the lower Courts judgment.

Issues

Whether having regard to the pleadings and totality of evidence adduced, the...

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