Y. A. Lawal Vs Chief Yakubu Dawodu & Anor (1972)

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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