Alhaji Suara Yusuff V. Yetunde Dada (Mrs.) & Ors. (1990)

LawGlobal-Hub Lead Judgment Report

AGBAJE, J.S.C. 

The action which gave rise to this appeal originated in an Ibadan High Court. There Mrs. Yetunde Dada & 3 Ors. as administratrices/administrators of the estate of Chief J.O. Laniyonu, deceased, sued Alhaji Yusuf for the following reliefs:

N25,000.00 damages for trespass committed by the defendant, his servants, agents and tenants in respect of Chief J. O. Laniyonu’s land lying and situate at AGBAAKIN FAMILY LANDILA LAYOUT Iwo Road, Ibadan on or about August, 1979 and which trespass still continues;

2. AN INJUNCTION to restrain the defendant, his servants, agents,

tenants, workmen or otherwise howsoever from entering,

remaining, or further trespassing on the said land.”

Pleadings were ordered, filed and delivered.

Relevant to the issues raised in this appeal are the following averments in the plaintiffs’ statement of claim:-

“1. The 1st and 3rd plaintiffs are the children of late Chief Josiah Oladipo Laniyonu who died intestate at Ibadan on 6/9/78 while the 2nd and 4th plaintiffs are the widow and cousin of the said late Chief J.O. Laniyonu respectively.

2. By virtue of a deed of conveyance dated 21/7/60 registered as no. 23 at page 23 in volume 391 of the lands registry in the office at Ibadan, the late Chief J.O. Laniyonu became seised of a parcel of land lying and situate at Agbaakin layout, Iwo Road, Idi-Ape Ibadan by grant from AGBAAKIN FAMILY for a consideration of 100.00 (One Hundred Pounds).
3. The late Chief Laniyonu was put in possession immediately after the execution of the said conveyance and no one disturbed him on the land.
4. The plaintiffs are the lawful administrators of the estate of the late Chief J.O. Laniyonu having obtained Letters of Administration dated 22/9/81 from the probate registrar of the High Court of Justice Oyo State of Nigeria.
5. The defendant is unlawfully occupying late Chief Laniyonu’s land and it is the area marked RED in PLAN No. OB.5095 dated 30/1/84 and drawn by Mr. O. BAMGBOSE, a licensed surveyor and attached to this document. Plaintiffs will found on this plan at the trial of this action.
6. On or about August, 1979 the defendant wrongfully occupied the land in dispute at Iwo Road,Ibadan without lawful authority and commenced building construction of the structure shown in the said plan No.OB.5095.”

The defence of the defendant to the claims against him is contained in part in the following paragraphs of his statement of defence:-

“3. The defendant admits paragraph 1 of the plaintiffs’ statement of claim but will add that the 3rd plaintiff being the eldest surviving son is the Dawodu and head of late Chief J. O. Laniyonu family under native law and custom. The defence case will be founded upon this legal issue at the trial of this suit.

4. With reference to paragraphs 4, 5 and 6 of the statement of claim the defendant avers that before the grant of the letters of administration to the plaintiffs on 22/9/81 by the probate registrar, 3rd plaintiff in order to meet the funeral and testamentary expenses of his late father (Chief J.O. Laniyonu) and being the eldest surviving son had sold and transferred the land in dispute to the defendant for valuable consideration in the presence of witnesses in accordance with native law and custom.”

The plaintiffs filed a reply to the statement of defence and having regard to the issues raised in this appeal mention need only be made of paragraphs 1, 2 and 3 of the reply which read as follows:-

(1) With reference to paragraph 3 of the statement of defence the plaintiffs say that no one has been appointed head of late Chief J.O. Laniyonu’s family but that the plaintiffs are joint administrators/administratrices of the estate of Chief J. O. Laniyonu in which the land in dispute forms a part.

2. With further reference to paragraphs 3 and 6 of the statement of defence the plaintiffs never at anytime authorised any single administrator to sell the land in dispute to the defendant nor acquiesced in the illegal possession of the land in dispute by the defendant.
3. With reference to paragraph 4 of the statement of defence the plaintiffs say that the funeral and testamentary expenses of late Chief J.O. Olaniyonu were borne by a relation, Chief Sobo Sowemimo (S.A.N.) who was later reimbursed from estate account on the grant of letters of administration to the plaintiffs.”

The case proceeded to trial before Sijuade, J., who having heard the parties and their witnesses gave his judgment in the case on 2nd July, 1984. He found for the plaintiffs holding in doing so as follows:-

“On the whole, the defendant has failed to prove that his possessory title to the land in dispute is legal and better to oust the legal title of the plaintiffs whose claim I find overwhelmingly proved to my satisfaction. The defendant’s hold has therefore been an adverse possession of the land in dispute since 1979 without the authority and consent of legal owners, and must therefore be restrained.