William Ladega & Ors V. Shittu Durosimi & Ors (1978)

LawGlobal-Hub Lead Judgment Report

ESO, J.S.C

The indorsement on the writ of summons filed by the plaintiffs (the Alashe Chieftaincy Family) against the defendants (the Ojuwoye Community) in Suit No. IK/118/67 in the Ikeja High Court is for

“(a) a declaration of title under Yoruba Native Law and Custom to all that piece or parcel of land at Mushin described in a plan to be filed in this suit;

(b) a declaration that the Defendants have forfeited all rights to the said land under Yoruba Native Law and Custom; and

(c) possession of the said land.”

In the pleadings filed, pursuant to the order of the court, both parties claimed title to the land in dispute, by settlement. The defendants however averred that, as a result of decisions in previous litigation between the parties, the defendants were estopped from instituting this action. The relevant paragraphs of the statement of defence are as follows-

“16. Notwithstanding the several warnings of the Community who are the overlords of the plaintiffs, the plaintiffs have persisted in their conduct and challenged the title of the Ojuwoye Community.

17. The defendants were therefore obliged to institute Suit 1/291/58: Kasali Akinliyi and ors. etc. Vs. William Ladega and ors. etc.

seeking a declaration of title and of forfeiture and possession of the land.

18. Either side put the title claimed by it in issue.
19. Judgement was on the 12th April, 1966 entered in favour of the plaintiffs in the suit, the Ojuwoye Community, against the defendant, the Ifaudu Alashe Family.
20. The defendants will reply on this judgment as estopping the plaintiffs from instituting the present action as the judgment covered the land in dispute in this case.”

On 17th November, 1971, the plaintiffs filed a motion, seeking an order

“1. To restrain the defendants from further interfering with the peaceable possession by the plaintiffs of all the properties outside the 12 acres indicated in the plan attached to this application;

2. To restrain the defendants from alienating any portion of land outside the area indicated as 12 acres in the said plan;
3. To restrain the defendants from committing further acts of injury to the possession by the plaintiffs of all the area of land the subject matter of this action. ”

Thereupon, learned counsel representing both parties agreed that the issue of estoppel or res judicata, as it was severally referred to by the parties, and which formed part of the pleadings of the defendants, be dealt with in limine.

The defendants replied upon the decision of Somolu J., (as he then was), in Suits No. 1/291/58 and No. HK/108/61, consolidated, for their contention that the plaintiffs were estopped from bringing the present action. In Suit No. 1/291/58, the present defendants (as plaintiffs) had sought against the present plaintiffs (then defendants)

“1. a declaration of title under Yoruba Native Law and Custom to all that piece or parcel of land at Mushin in a plan whereof will be filed in this suit.

2. a declaration that the defendants have forfeited all rights possessed by them under Yoruba Native Law and Custom to the said land” .

while in Suit No. HK.108/61 the action of the present defendants (as plaintiffs in that suit) was against one Lasisi Salu claiming