Dipo Rafiu Ayinde & Anor V. Alhaja Sakiratu Salawu (1989)
LawGlobal-Hub Lead Judgment Report
AGBAJE, J.S.C.
The plaintiff, Alhaja Sikiratu Salawu, sued the defendants Dipo Rafiu Ayinde and Saidu Mustafa in an Ibadan High Court claiming against them as follows:-
“(a) Declaration that the Plaintiff is entitled to statutory right of occupancy to all that piece and parcel of land situate lying and being at Old Ife Road, Loyola College Area, Ibadan, shown on Plan No.KESH/Y/4036 dated 15th February, 1979 made by Alhaji Y.O.A. Keshinro, Licensed Surveyor.
(b) N10.000.00 General and Special damages for trespass and for destruction by the 1st defendant of cement blocks left on the land by the Plaintiff.
(c) Perpetual injunction restraining the Defendants their servants, agents and privies from further trespass on the land.
IN THE ALTERNATIVE the plaintiffs claim against the 2nd defendant is for the sum of N7,450.00 being special and general damages (suffered by the plaintiff) for loss of bargain resulting from the sale of the afore-said land to the plaintiff by the 2nd defendants family of which the 2nd defendant claims to be the head.”
Pleadings were ordered, filed and delivered. It appears to be common ground in this case that the land in dispute originally belonged to Baba Eko Family of Oke Adu Area Ibadan. By her amended Statement of Claim dated 6th April, 1981, the plaintiff pleaded as follows, as regards her claims:-
“4. The land claimed by the plaintiff is shown on Plan No. KESH/Y/8834 dated 24th October, 1980 made by Keshinro Esq., Licensed Surveyor and the area trespassed upon by the 1st defendant is clearly shown thereon.
- Sometime on or about January, 1987, accredited representatives of Baba Eko family including the Mogaji and the 2nd defendant sold to the plaintiff under native law and custom a portion of the family land at Loyola area, Ibadan, measuring approximately 540.565 sq. metres shown on plan No. KESH/Y/4036, dated 15th February, 1979, made by Alhaji Keshinro, Licensed Surveyor.
- Before the aforesaid sale, the plaintiff conducted enquiry as to the genuineness of the land and was assured by the Vendors, including the 2nd defendant that the land had not been previously sold to any person or in any way encumbered.
- The persons who took part in the afore-mentioned sale are:
(1) Saidu Mustafa
(2) Arasi Awesu
(3) Latifu Lawani
(4) Biliaminu Liasu
(5) Amusa Salawu
(6) Jabaru Suiti
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