Oba Joseph O. Oyedele Fasikun Ii & Ors. V. Oba Samuel M.O. Oyeleye Oluronke Ii & Ors. (1999)

LAWGLOBAL HUB Lead Judgment Report

E. OGUNDARE, J.S.C.

By a writ of summons filed on 30th September 1982, the plaintiffs (now respondents before us) sued the defendants (now appellants) claiming-

(1) N10,000.00 (ten thousand naira) being damages for trespass in that the defendants since April 1982 entered into the land owned beneficially and in possession of the plaintiffs’ community of Okuku, parts of which are known as and called Kookin and Akunyun within the jurisdiction of this court, cut trees, destroyed crops therein, took surveyors thereon and generally behaved in a manner which challenged the beneficial title and possession of plaintiffs over the land.

(2) Perpetual injunction restraining the defendants, their servants and or agents from henceforth entering into the said land or committing or continuing the acts of trespass complained of or any other acts of trespass.”

The writ was subsequently, by order or court, amended whereby the defendants were sued “for themselves and on behalf of the Inisa Community.” Thus the action was between the two communities of Okuku and Inisa.

Pleadings were filed and exchanged. Because of the issues raised in this appeal, I need to set out the penultimate paragraphs of the pleadings of the parties. In their statement of claim, the plaintiff pleaded the traditional history they relied on in paragraphs 3-14. They read:

“3. The land in dispute known as Kookin and Akunyun are shown in the plan No. FA 11.580 dated 25th March 1983 made by A.O. Adebogun Esquire, licensed surveyor, attached to this statement of claim,it is a portion of Okuku land and has been owned beneficially by the Okuku community from time immemorial.

4. Kookin, the original settlement of the progenitors of the plaintiffs (founded by one Oladile) was a large town and in fact the only large town in the area, before the Ijesha Arara War (about 1760), during which war the plaintiffs’ ancestors were dispersed.
5. After the war the survivors regrouped and they resettled at the northern end of Kookin under the leadership of Oba Jala Okin and farmed at Kookin and Akunyun. Remains of Kookin were for a long time visible on the land.
6. To the north-east boundary of Kookin, one Ijabe a younger relation of Oba Jala Okin settled some others of the survivors at Ijabe whilst Elende, another younger relation of the Olokuku, settled other survivors at the southern end of Kookin, called Eko Ende.
7. The Okuku community (of Ife origin) in the area now known as Odo-Otin Central Local Government Area of Oyo State, have since these early days remained in uninterrupted possession of the land in dispute, exercising thereon unlimited rights of ownership and performing maximum acts of possession.
8. One Esa a senior chief of Olokuku was expelled from Okuku for some customary misbehaviour and was allowed to settle on the farmland of the Olokuku, which later became known as lnisa (Ohun ini Esa; Esa’s property), to date the Esa is still traditionally held to be one of the chiefs of the Olokuku even though that vacancy has remained untitled as Okuku.
9. After the said war, there was an influx of immigrant into Okuku mostly from the north: such as wood carvers from Oje Otin Compound in Okuku, Tela Oloko, the founder of Oloko compound and Winyomi, the founder of Oluode compound to mention a few. Each group was permitted to retain the chieftaincy title it enjoyed where it came from.
10. Otebolaje of Oje who married Oladile’s daughter called Lalubi was given the chieftanciy title of Odofin.
11. The land that abutts Esa’s land (i.e. Inisa) was the farm of an illustrious Okuku chief, the Osholo, ancestor of the second plaintiff, of Akunyun family and to this day, the second plaintiff has maintained his abode both at Okuku and at Inisa town and Okuku and receives his stipend from Okuku.
12. Apart from the Akunyun family other Okuku families also farm on portions of the land in dispute such as Alawe, Odogun, Osolo, Aro and Alao, to mention a few.
13. The defendants acknowledge that the land in dispute known as Kookin and Akunyun by the plaintiffs and referred to simply as Akunyun by the defendants is owned by the Okuku community and the plaintiffs will found on:

(i) a paper written by the first defendant dated 18th January, 1979

(ii) tradition and history:

(iii) rendering of traditional tribute in cash and kind by Inisa community to the Okuku community during the annual Olokuku festival:

(iv) a paper in writing dated 2nd July, 1929 by which the Olokuku Oba Oyekunle complained to the Assistant District Officer, Oshogbo that the Bale of Inisa had not rendered the requisite tribute.

(v) the duty of maintaining the footpath from lnisa to Okuku was borne by the Inisa community, a burden which acknowledges the ownership of land through which the path passes as residing in Okuku.

In proof of this acknowledgement

14. Whereas, Okuku has had six Obas who reigned at Kookin (i.e. from Oba Oladile to Oba ljala Okin who reigned both at Kookin and at Okuku) before 1760, the Inisa community did not appear on the scene until after the Ijesha Arara War. Thereafter eleven other Obas have reigned at Okuku up to and including the first plaintiff.

For their acts of ownership and possession, they pleaded thus: