Adewale Alabi Eboade & Anor Vs Raufu Olaniyan Atomesin & Anor (1997)

LAWGLOBAL HUB Lead Judgment Report

L. KUTIGI, J.S.C.

The plaintiffs’ claims against the defendants jointly and severally are contained in para. 39 of the Amended Statement of Claim. They read as follows –

“(a) Declaration to a Statutory Right of occupancy to that piece or parcel of land situate, lying and being at Atomesin Compound, Nalende, Ibadan shown on plan No. FA 2821 drawn by Mr. A O. Adebogun licensed Surveyor on 2nd February, 1983.

(b) The sum of One Thousand Naira (1,000.00) being general damages for trespass committed by the defendants, their servants and agents on the said parcel of land on 20th day of February, 1983.

(c) An order of injunction restraining the defendants, their servants, agents privies or anyone claiming through them from committing any further acts of trespass on the said parcel of land.”

The parties filed and exchanged pleadings. The defendants’ Statement of Defence and counter-claim contained a counter-claim in para. 41 thus –

“Wherefore the defendants jointly and severally counter-claim against the plaintiffs for the total sum of N1,860.00 (One Thousand Eight Hundred and Sixty Naira) being total rent admitted by the plaintiffs to have been collected from the tenants on the disputed land which is the property of the defendants and their family.”

During the trial of the suit in the High Court seven witnesses testified for the plaintiffs while four witnesses testified for the defendants.

The learned trial judge in a reserved judgment considered the case put forward by each side along with the evidence and came to the conclusion that on the balance of probabilities, the plaintiffs proved their case and were entitled to succeed. The defendants’ counter claim failed and was dismissed. He concluded his judgment on pages 75-76 of the record thus –

“Finally, I hold that the plaintiffs are entitled to succeed in this action and the plaintiffs’ claims are hereby allowed.

I therefore hereby declare that the plaintiffs are entitled to a Statutory Right of occupancy to all that piece and parcel of land lying and situate at Atomesin Compound, Inalende, Ibadan which is more particularly shown on plan No. FA 2021 and FA 11,550 and tendered as Exhibits C and D in this action.

I also hereby award a sum of N600.00 (Six hundred naira) being general damages for trespass committed by the defendants on the said land on the 20th day of February, 1983.

I also make an Order of Injunction restraining the defendants, their servants, privies or anyone claiming through them from committing further acts of trespass on the said land.

The counter-claim filed by the defendants fails and is hereby dismissed. ”