Dr. Rasaki Oshodi & Ors Vs Yisa Oseni Eyifunmi & Anor (2000)

LAWGLOBAL HUB Lead Judgment Report

IGUH, J.S.C. 

The proceeding leading to this appeal has had a long and chequered history. It was first initiated in the Ikeja Judicial Division of the then High Court of Justice of the former Western Nigeria some thirty-five years ago, precisely on the 10th day of March, 1965. For reasons not apparent from the record of proceedings the case sojourned through not less than twelve courts presided over by various judges beginning with Somolu, J, as he then was, until it finally found itself before Oguntade, J, as he then was, on the 16th day of November, 1982.

Apparently concerned with the protracted nature and very old age of the dispute, the learned trial Judge after criticising justifiably the seeming prevailing poor litigation machinery of the time immediately commenced the actual hearing of the case the following day, the 17th November 1982. I think this type of attitude to work is clearly commendable and distinctly worthy of emulation.

Adverting to the action itself, the respondents, as plaintiffs, duly substituted by the order of the High Court in place of the three original plaintiffs, now deceased, had for themselves and on behalf of the Odujaguda family, otherwise also known as the Akinowo family, instituted this proceeding against the appellants, therein defendants, claiming, as subsequently amended, as follows

“Whereupon the plaintiffs claim as against the 1st defendant:

(i) forfeiture of his customary tenancy on ground of his conduct by denying plaintiffs title to the said land

(ii) possession of the said land., and

As against the 2nd defendant, the plaintiffs claim:

(i) N100 damages for trespass and

(ii) Injunction restraining the 2nd defendant from future trespassing on the said land.

The action was initially filed against Alhaji K.D. Oshodi, G.F.A. Inasa Thomas and Y.A. Ajenifuja as the 1st, 2nd and 3rd defendants respectively. However, by an order of court made on the 23rd March, 1967, Alhaji R. D. Oshodi and Chief Fasasi Odebisi were, on their own application, joined in the action as the 4th and 5th defendants. It would appear from the pleadings that the defendants in the action had defended the suit for themselves and on behalf of the Oshodi chieftaincy family and the Oshodi Arota Ologun branch of the said Oshodi chieftaincy family.

At a stage in the course of proceedings, the 3rd defendant, Y.A. Ajenifuja was reported dead. The action accordingly proceeded against the four remaining defendants, to wit, Alhaji K.D. Oshodi, G.F..A. Inasa Thomas, R:. D. Oshodi and Chief Fasasi Odebisi. The surviving defendant and the persons substituted in place of the deceased defendants are now the appellants in this appeal.

There are two sets of appellants in the appeal: the 1st and 3rd appellants who are represented by Mahmoud Gafar Esq. and the 2nd appellant whose leading counsel is Lateef Fagbemi Esq., S.A.N. The 1st and 3rd appellants would appear to have defended the suit for themselves and on behalf of the Oshodi family whilst the 2nd appellant defended for himself and on behalf of the Oshodi Arota Ologun family of Lagos.

I think it ought to be pointed out that the plaintiffs’ Odujaguda family, otherwise also known as the Akinowo family is one of the two branches of the Olushi Onigbesa family. The other section is the Agedegudu branch. Both branches comprise of the Olushi Onigbesa family.