S. Oragbade Vs Chief S.J.M. Onitiju (1962)

LawGlobal-Hub Lead Judgment Report

BAIRAMIAN, F.J

The plaintiff has appealed against the judgment given in the High Court at Ibadan, on the 28th September, 1959, which dismissed his claim and granted the defendant a declaration of title to the area in Exhibit L (plan OG/150/58) thereon edged red; and the defendant has complained against the refusal to grant him an injunction besides.

In the writ the plaintiff is described as “Sam Oragbade for himself and on behalf of other Farm-owners of Ifetedo-Ere Farmlands”, and the first paragraph of the Statement of Claim reads:-

The plaintiff is one of the oldest Farm-owners and Member of Ifetedo Community and takes this action in a representative capacity.”

The defendant (Chief S. J. M. Onitiju, the Obaloran of Ife) put in a defence ending with these paragraphs:

23. The defendant counter-claims against the plaintiff for a declaration of title to the piece or parcel of land delineated on plan CG/ 150/58 and thereon edged pink (annual rental £10).

24. The defendant and his family also claims an injunction restraining the plaintiff and his servants and/or agents from interfering with the defendant’s title to the land shown on plan OG/150/58 and thereon edged pink.

25. Wherefore the defendant and his family are entitled to succeed on the counterclaim.”

The plaintiff did not put in a reply.

In the course of the trial, towards the end of the Evidence-in-Chief of plaintiff’s witness No. 8, his learned Counsel asked for leave to amend the writ and the statement of claim, the writ to read:

Sam Oragbade for himself and on behalf of the Ifetedo Community;”

and paragraph 1 of the statement of claim to read:-

The plaintiff is a member of the Ifetedo community and sues for himself and as representing the members of Ifetedo community.”

The record below that reads as follows:-