Ohaegbu & Ors V. Regd Trustees Of The Capuchin Friars Minor Nigeria (2022)

LAWGLOBAL HUB Lead Judgment Report

SAMUEL CHUKWUDUMEBI OSEJI, J.S.C. 

The Respondents as plaintiffs commenced an action against the Appellants at the High Court of Justice, Ikeja Division, Lagos State seeking the following reliefs:

“(i) Declaration that the plaintiffs are the owners under Yoruba native law and custom of the pieces and parcel of land situate, lying and being at Ewu Balogun, Ewu Abiye, Farmland, Igbogbo, Ikorodu Local Government Area of Lagos State and which is more particularly described in survey plan no. LAT/39/LA/2000.

ALTERNATIVELY

A declaration that the plaintiffs are the holders of statutory customary right of occupancy in respect of the land at Ewu Balogun, Ewu Abiye, Farmland, Igbogbo, Ikorodu Local Government Area of Lagos as delineated or shown on the Survey Plan No. LAT 139/LA/2000 made by Licensed Surveyor Ademola Ashipa dated 17th January, 2000.

ii. Sum of Ten Million (10,000,000) being special and general damages, for trespass committed by the defendants, to the Plaintiffs said land.

iii. The perpetual injunction restraining the Defendants, by their agents, servants, privies themselves, whatsoever and assigns from remaining on the land or repeating or continuing their act of trespass to the land in dispute.”

At the conclusion of the trial, the learned trial Judge in his judgment granted a declaration of title in respect of EWU ABIYE in favour of the Respondents but dismissed their claim in relation to EWU BALOGUN farmland and awarded same to the Appellants.

Dissatisfied with the judgment of the trial Court, the Respondents appealed against the trial Courts dismissal of its claim on Ewu Balogun and the declaration of title granted in favour of the Appellants. The Appellants in turn filed a cross-appeal on the declaration of title on Ewu Abiye farmland granted in favour of the Respondents. The lower Court in its judgment delivered on 7/4/2009, allowed the Respondent’s appeal and consequently dismissed the Appellants Cross-Appeal.

Aggrieved by the lower Court’s decision, the Appellants appealed to this Court via an amended notice of appeal filed on 4/2/2014 containing 5 grounds of appeal. The Appellant’s brief of argument was filed on 4/2/2014, while that of the Respondents was filed on 17/4/2017.

Parties thereafter adopted and relied on their briefs of argument at the hearing of the Appeal on 16/3/2021.

The Appellants in their brief of argument formulated four issues for determination as follows:

1. Whether the learned Justices of the Court of appeal were right in exercising jurisdiction over the appeal in view of the fact that the action was initiated without due regard to due process of law.

ALTERNATIVELY,

2. Whether the learned Justices of Court of Appeal were right in interfering with the findings of the trial Court having regard to the circumstances of this case.
3. Whether the learned Justices of Court of Appeal were right in awarding the area known as Ewu Balogun to the respondent.
4. Whether the learned justices of Court of Appeal were right in holding that the test in KOJO V. BONSIE (1956) 1 WLR 1223 is not necessary having regard to the conflict in traditional evidence adduced by the parties.

The Respondents in their own brief of argument formulated four issues for determination as follows:-