Legalpedia Citation: (2024-07) Legalpedia 11394 (CA)

In the Court of Appeal

HOLDEN AT IBADAN

Mon Jul 8, 2024

Suit Number: CA/IB/536/2018

CORAM

HON. JUSITICE UCHECHUKWU ONYEMENAM, Justice Court of Appeal

HON. JUSTICE MUSLIM SULE HASSAN, Justice Court of Appeal

HON. JUSTICE O.E. ABANG, Justice Court of Appeal

PARTIES

CHIEF RABIU SANGORAYI

APPELLANTS

1. MATHEW OMOLOSO

2.MUIBI NASIRU GBADEBO

3. ALHAJI BUSARI AJAGBE

RESPONDENTS

AREA(S) OF LAW

APPEAL , LAND LAW , CUSTOMARY TENANCY, EVIDENCE, PRACTICE AND PROCEDURE

SUMMARY OF FACTS

The appellant, Chief Rabiu Sangorayi, sued in a representative capacity, challenging the decision of the Oyo State High Court, which had ruled in favor of the respondents, Mathew Omoloso & 2 Ors, who also sued in a representative capacity. The respondents sought declarations regarding ownership and trespass on land located in Igbeti, Olorunsogo LGA, Oyo State. They alleged that the appellant trespassed on the land, erecting a block of shops despite the respondents’ claim of ownership through inheritance.

The trial court found in favor of the respondents, granting their claims and dismissing the appellant’s counterclaim, which sought to declare the respondents as customary tenants of the appellant’s family. The appellant appealed the decision on grounds that the trial judge erred in relying on the respondents’ evidence and that the respondents did not provide sufficient traditional evidence of ownership.

HELD

The Court of Appeal dismissed the appellant’s appeal, affirming the decision of the trial court. The court held that the respondents had provided sufficient traditional evidence to establish ownership of the land and that the trial judge was correct in dismissing the appellant’s counterclaim. The court upheld the respondents’ right to possession of the land and granted the reliefs sought, including an injunction restraining the appellant from further acts of trespass.

ISSUES

1. Whether the trial judge was right in relying on the respondents’ evidence to enter judgment in their favor?
2. Whether the respondents established reliable traditional evidence warranting the judgment of the trial court?

RATIONES DECIDENDI

PROOF OF OWNERSHIP THROUGH TRADITIONAL HISTORY – STANDARD REQUIRED FOR ESTABLISHING OWNERSHIP

“It is well settled that ownership of land can be established through traditional history, and where the evidence presented by a party is cogent, credible, and consistent, the court may accept it as sufficient proof of ownership. In this case, the respondents provided detailed evidence tracing their lineage and land inheritance, which the court found to be reliable and unbroken.”
Per M. S. Hassan, JCA

TENANCY STATUS – WHEN A CUSTOMARY TENANT CAN BE DECLARED

“The appellant’s claim that the respondents were customary tenants was unsupported by evidence. Customary tenancy must be clearly established by demonstrating an agreement or acknowledgment of the status. In this case, the appellant failed to prove that the respondents were customary tenants of the Saagbon family.”
Per M. S. Hassan, JCA

BOUNDARIES OF DISPUTED LAND – IMPORTANCE OF DEFINITIVE BOUNDARY DESCRIPTION

“In matters of land ownership, the identification of boundaries is crucial. The respondents provided a detailed survey plan, which was accepted by the court. The appellant, on the other hand, failed to present a conflicting survey or adequately challenge the boundaries described by the respondents.”
Per M. S. Hassan, JCA

FINDINGS OF FACT BY TRIAL COURT – INTERFERENCE BY APPELLATE COURTS

“An appellate court will not interfere with findings of fact by a trial court unless such findings are perverse or not supported by the evidence. In this case, the trial court’s findings were based on a careful evaluation of the evidence, and there was no basis for interference.”
Per M. S. Hassan, JCA

CREDIBILITY OF TRADITIONAL EVIDENCE – ASSESSMENT BY TRIAL COURT

“The trial court is in the best position to assess the credibility of witnesses and the weight to be attached to traditional evidence. The trial judge, having observed the demeanor of the respondents’ witnesses and evaluated the consistency of their testimony, correctly found their evidence credible.”
Per M. S. Hassan, JCA

ACTS OF TRESPASS – WHEN CONSTRUCTION ON DISPUTED LAND AMOUNTS TO TRESPASS

“Erecting structures on land under dispute without a clear right to do so constitutes an act of trespass. The appellant’s construction of shops on the portion of land verged blue was rightly considered an act of trespass, as the respondents had established ownership of the land.”
Per M. S. Hassan, JCA

FAILURE TO CHALLENGE SURVEY PLAN – CONSEQUENCES

“The appellant’s failure to produce a competing survey plan or challenge the respondents’ survey during the trial was detrimental to his case. A survey plan is critical in land disputes, and the court must rely on the evidence presented.”
Per M. S. Hassan, JCA

BREAK IN LINEAGE – EFFECT ON OWNERSHIP CLAIM

“The appellant’s traditional history was found to be inconsistent, with gaps in the lineage that undermined his claim to the land. Traditional evidence must establish an unbroken chain of inheritance, which the appellant failed to do.”
Per M. S. Hassan, JCA

SURVEY PLAN AS EVIDENCE OF OWNERSHIP – RELIABILITY OF DOCUMENTARY EVIDENCE

“A properly prepared survey plan, as presented by the respondents, is strong evidence in support of land ownership. The appellant’s failure to present a rebuttal or alternative documentary evidence weakened his case.”
Per M. S. Hassan, JCA

ROLE OF WITNESS STATEMENTS – EFFECT OF DEFECTIVE OATH

“While the appellant challenged the validity of the respondents’ witness statements on the grounds of an alleged procedural defect, the court found that such irregularity did not materially affect the substance of the evidence and did not lead to any miscarriage of justice.”
Per M. S. Hassan, JCA

CUSTOMARY TENANCY CLAIMS – FAILURE TO PROVIDE COGENT EVIDENCE

“Claims of customary tenancy must be supported by credible evidence, including acts of acknowledgment by the alleged tenants. In the absence of such evidence, the claim fails, as seen in the appellant’s case.”
Per M. S. Hassan, JCA

WAIVER OF OBJECTIONS – TIMING OF OBJECTIONS TO PROCEDURAL IRREGULARITIES

“The appellant’s failure to raise objections regarding the form of the respondents’ witness statements at an earlier stage constituted a waiver of his right to contest this issue on appeal.”
Per M. S. Hassan, JCA

SURVEY PLAN AS FINAL AUTHORITY ON LAND DISPUTES

“In resolving land disputes, the court places significant weight on survey plans that clearly delineate the disputed property. The respondents’ survey plan, which was detailed and unchallenged, served as definitive proof of their ownership.”

Per M. S. Hassan, JCA

CASES CITED

STATUTES REFERRED TO
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