ISAAC ADEBOWALE & ANOR v. JOHNSON OYENIYI & ANOR

CORAM

PARTIES

1. ISAAC ADEBOWALE (DECEASED)

2. BURAIMOH LOOGUN

APPELLANTS 

1. JOHNSON OYENIYI

2. CHIEF OSUNWALE

RESPONDENTS 

AREA(S) OF LAW

SUMMARY OF FACTS

 The Plaintiffs/Respondents claim against the Defendants/ Appellants was for a declaration that the members of Arowosile family are entitled to equal acreage of land in the de-reserved area of Ife Forest reserve as compensation for the area of land acquired by the defunct Western State Government for the permanent site of University of Ife now Obafemi Awolowo University Ile Ife amongst other declaration. The Plaintiffs/Respondents who relied on traditional history contended that their family land was part of the land acquired by the Government of Western Nigeria for which they collected compensation from the Government for the cash crops on the land which was subsequently used for the establishment of the University of Ife( now Obafemi Awolowo University).  The Defendants /Appellants on the other hand asserted that the Plaintiffs/Respondents were their tenants at Agbe and as a result, the land allocated to the Plaintiffs Respondents by Government which parcels of land were subsequently re-allocated to the Appellants by Ooni of Ife belonged to the Defendants/Appellants – Akui family. The  trial Court disbelieved the traditional evidence of the Defendants/Appellants that the ancestors of the Plaintiffs /Respondents were tenants of Ooni Ojigiri and held that in any event, traditional history is irrelevant in the case as such histories have been superseded by the Government acquisition and replacement of Agbe land by Government to the Plaintiffs/Respondents. Hence, the learned trial judge found in favour of the Plaintiffs/Respondents . Dissatisfied, the Defendants/Appellant has appealed to the Court of Appeal

HELD

Appeal allowed in parts

ISSUES

1. Whether traditional history is relevant in this case or whether it has been overtaken by the government acquisition of the farmland at Agbe (Modomo) the foundation of the land in dispute at Oyere Forest Reserve.(b) If traditional history is Relevant whether the Plaintiffs/Respondents did not inherit a tenant status at Agbe in the center of Modomo.?

2. Whether the Allocation Papers (Exhibits JOA (4) to JOA (19) did not weaken the case of the Plaintiffs/Respondents and enure for the Defendants/Appellants. Whether there is any iota of evidence on records justifying the granting of Plaintiffs/Appellants Reliefs 4 and 5 which Reliefs were based on an affidavit not tendered before the trial court?

3. Whether the doctrine of laches is relevant to this case and in any case whether it was rightly resolved in favor of the Plaintiffs/Respondents as was done in this case?

RATIONES DECIDENDI

ADMISSION- WHAT IS ADMITTED IN EVIDENCE NEED NO FURTHER PROOF.

‘‘It is trite law that what is admitted need no further proof. Section 123 Evidence Act 2011, see also the case of Chief Okparaeke of Ndiakaere&Ors v. ObidikeEgbuonu&Ors (1941) 7 WACA 53.’’ PER.M. A. OWOADE, J.C.A

RE-SETTLEMENT SCHEME- MEANING OF A RE-SETTLEMENT SCHEME

‘‘A re-settlement scheme is a public exercise of right by Government and title derived pursuant there from is valid and can be founded upon for a declaration of title.’’ PER. M. A. DANJUMA, J.C.A

DUTY OF COURT- A COURT OF LAW HAS NO BUSINESS TO DECIDE ISSUE NOT PLACED BEFORE IT.

‘‘In any event, a court of law has no business whatsoever to decide an issue not placed before it, For as it is usually said a court of law is neither a father Christmas granting undeserved reliefs nor a knight errant looking for skirmishes all about the place. See Ejowhomu v Edok-Eter Ltd (1986) 5 NWLR (Pt.39) 1 at 21; Chief Ebba v. Chief Ogodo & Anor (1999) 6 SCNJ 168; Union Bank of Nigeria V Professor Ozigi (1994) 3 SCNJ 42 at 57; Ossai v. Wakwah (2006) 2 SCNJ 19 at 36.’’PER.M. .A. OWOADE, J.C.A

CASES CITED

STATUTES REFERRED TO

Evidence Act 2011

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