Y. A. Lawal Vs Chief Yakubu Dawodu & Anor (1972)
LawGlobal-Hub Lead Judgment Report
GEORGE B. A. COKER, JSC.
This appeal is a sequel to an action instituted in the High Court of Lagos State, Ikeja, in which two plaintiffs acting “for themselves and the chiefs and people of Irede” had sued Bello Ayilara, the Olojo of Ojo, for himself and the chiefs and people of Ojo for the following claims:-
(1) Declaration of title under Yoruba Native Law and custom to an area of land situate, lying and being at Imuwo Village, Oshun Village and Ashogun Village, Badagry Division of the Western Region of Nigeria;
(ii) £500 special and general damages for acts of trespass committed by the defendant, his servants or agents on the said land;
(iii) Injunction against the defendant from the further acts of trespass on the said land. Value of the said land £1,000.
The plaintiffs, as originally named on the writ of summons were (i) Oba Amodu Sekoni, the Onigbanko of Irede; and (ii) Y.A. Lawal, both of whom are described in the plaintiffs’ statement of claim as the head and accredited representatives of the chiefs and people of Irede and duly authorised by the said community to bring and prosecute this action.
The first plaintiff, i.e., Oba Amodu Sekoni, died before the hearing culminating in this appeal and the second plaintiff only, that is Y.A. Lawal, then carried on the action. He is the present appellant in this court and would hereafter be referred to as plaintiff in the capacity in which they both originally appeared on the writ. It would also appear that Bello Ayilara died before the hearing of this appeal.
An application was made to this court – “for an order substituting the above named applicants, that is (i) Chief Yakubu Dawodu; and (ii) Alhaji Mudashiru Ayilara for the defendant, Bello Ayilara …….” – and order as prayed was made by this court on the 15th May, 1972. Hence, the present names of the parties to the proceedings before us. The substituted defendants will be referred to as the defendants in this judgment in the capacity in which the original defendant had been sued and in which the actions was defended.
Before the High Court, Ikeja, pleadings were filed pursuant to the order of court. By their statement of claim the plaintiffs aver that the land in dispute is situated at Imuwo Village, Oshun Village and Ashogun Village in Badagry Division; that the land formed portion of a large area of land belonging under Yoruba Native Law and Custom to the Oba, chiefs and people of Irede, over which they had for over 300 years exercised “maximum acts of ownership and possession” and that some two or three years before the institution of the present proceedings the defendant by himself, his chiefs and people and their servants and/or agents wrongfully trespassed into the said lands by selling portions of same, calling in surveyors to survey the land, making grants of portions of the lands to tenants and cutting down and carrying away the plaintiffs’ firewood, crops, vegetables and trees on the land, claiming the same as their absolute property “including Tedi, George, Itogbe, Oshun and Aiyetoro Villages”. Paragraph 10 of the plaintiffs’ statement of claim reads as follows:-
“10. By virtue of their right of absolute ownership the plaintiffs’ family have fought and won several cases in the then Supreme Court of Nigeria – Lagos Division – and the West African Court of Appeal declaring them owners of the surrounding area of land in and around the one in dispute and they will rely on the following suits –
Suit No. 44 of 1900
Taiwo Bale of Irede v. Iyapo
Alaka & Ors.
Suit No. 60 of 1940
Fakoku v. Saibu Chief Lemomu
Ojo & Ors.
Appeal No. WAC. 1557
Fatade Odu v. Saibu Chief Lemomu
Ojo & Ors.”
The defendant as well filed a Statement of Defence. By his statement of defence the defendant avers that “the land in dispute is part of Ojo land and is vested under Yoruba Native Law and Custom in the Oba, chiefs and people of Ojo from time immemorial as the original settlers thereon long before the ancestors of the plaintiffs came to live at Irede”. The Statement of Defence further states that the sales and grants of portions of the land in dispute were effected by him as of right and denies the principal averments of fact in the Statement of Claim.
The action was tried by Beckley, J. Apart from the plaintiff himself, 8 other witnesses gave evidence on his side. The plaintiff identified the plan of the land in dispute as made on his instructions by his surveyor, Mr. Bode Lawson who was also one of his witnesses. The plan was admitted in evidence as Exhibit “A”. He stated that his people of Irede have been on the land in dispute for over 300 years, that some 7 or 8 years before the commencement of the action the defendant and his people disturbed his tenants on the land and have since claimed the land as their own. He testified further as follows:-
“They claimed to be the owners of the land, and damaged the crops of our tenants. After this action was brought to court, Bello Ayilara and his people surveyed the land. The villages on this land in dispute are Muwo, Tedi, George Village, Ito-Ogbe-Ango, Asogun Village, Aiyetoro Village, Oshun Village. The defendant is still claiming the land in dispute, hence this action.”
He then gave evidence concerning paragraph 10 of his pleadings. He tendered as Exhibit “E” a certified true copy of the judgment in a Suit No. 44/1900. He also produced the proceedings in the case as Exhibit “J”. The case is entitled Taiwo Bale of Irede v. Iyapo Alaka Bale of Ojo & Ors. He stated that in the year 1940 his own mother, Fakoku, successfully sued the chiefs and people of Ojo for a declaration of forfeiture of lands tenanted by them of the people of Irede and known as Imuwo Island. He produced the record of proceedings and judgment of the case, i.e. Suit No. 60/1940 – Fakoku v. Saibu Chief Lemomu Ojo & Ors. and these were admitted in evidence as Exhibits “F” and “G” respectively. He testified that the Ojo people appealed unsuccessfully against the judgment Exhibit “G” and produced, and this was admitted as Exhibit “H”, a certified true copy of the judgment of the West African Court of Appeal. The plaintiffs’ surveyor, Mr. Bode Lawson, testified that he had produced the plan Exhibit “A’ on the instructions of “the Oba Onigbanko of Irede backed by his chiefs”. A number of plans were put to him during his examination in the witness box and these were all admitted in evidence as Exhibits “B”, “C’ and “D”. The witness, Abudu Karimu (P.W.3) gave evidence of his occupation of Tedi Village. He stated that his own father lived and died in that village and that they were tribute paying tenants of the plaintiffs’ people. Mohammed Rabiu stated that he was the head of the village called Ito-Ogbe-Ango and that he paid tributes to the plaintiffs for his holdings. In the same way Mumuni Ramonu (P.W. 5) gave evidence of the occupation by his own father and himself of Muwo Island by the leave and licence of the plaintiffs. The 6th P.W., Musa George, testified in part as follows:-
“I am a very old man, but I cannot state exactly my own age. I know the P.W. 2, Y.A. Lawal. I am older than the second plaintiff. I was born at George’s Village, Irede’s land. My father was the Head of George’s Village. …… My father was an old man, and he came to the land after the Ashanti War. After his retirement from the Army, he asked for permission from Irede people to farm on the land in dispute.”
The 7th P.W. was the head of Oshun Village and he, like the others, stated that he was put on the land occupied by him in Ojo by the plaintiffs. Concerning the payment of tributes to the plaintiffs’ people, the 8th P.W., Abudu Disu, after stating that he was born in Ashogun Village, testified –
“Sometimes we pay our tributes personally to the Oba of Irede, and at time we pay our tributes to the elders of the town. When the Oba was not available, we pay our tributes to the elders of the town of Irede. My brother used to take the tributes to Irede and sometimes I take the tributes there personally; and sometimes we send any messenger to take the tributes to Irede. My brother’s name is Alfa Momodu. It is the whole of our village which contributes the tributes. Kasali is the present Bale of the village.”
The 9th P.W. was Gbadamosi Oniba the O
Other Citation: (1972) LCN/1400(SC)
