CASE TITLE: HASSAN & ORS v. TADE TAIYE VENTURES LTD & ORS (2025) LPELR-81233(CA)
JUDGMENT DATE: 26TH MAY, 2025
PRACTICE AREA: LAND LAW
LEAD JUDGMENT: UWABUNKEONYE ONWOSI, J.C.A.
SUMMARY OF JUDGMENT
INTRODUCTION:
This appeal borders on land law.
FACTS:
This is an appeal against the judgment of the High Court of Justice, Ogun State, in the Agbara Judicial Division delivered by HON. JUSTICE O. S. OLUSANYA on the 8th day of April, 2014, in Suit No: HCA/38/2011, wherein the judgment was in favour of the Respondents.
The 1st to 3rd Appellants were the Claimants before the lower Court, while the 1st to 3rd Respondents were the Defendants at the lower Court. The dispute between the Appellants and the Respondents arose in respect of all piece or parcel of land situate, lying, and being at Agun Road, Igbesa, Ogun State, particularly described in Survey Plan No. PAT/OG92/87 prepared by Surveyor G. O. Popoola of Registered Surveyor.
The Appellants by their amended statement of claim, claimed against 1st, 2nd and 3rd Respondents as follows:
a. DECLARATION that the claimants’ Togunjagun’s family of Igbesa is the one entitled to Statutory Right of Occupancy over and in respect of ALL THAT piece or parcel of land situate, lying and being at Agun Road, Igbesa which is particularly described in Survey Plan No. PAT/OG92/87 prepared by Surv. G.O.O Popoola of Registered Surveyor;
b. N100,000.00 (One Hundred Thousand Naira) as damages for trespass committed on the land.
c. PERPETUAL INJUNCTION restraining the Defendants, their agents, servants, assigns, privies or any person however called from further trespassing on the said land.”
The 1st and 2nd Respondents on other hand joined issue with the Appellants by filing a joint statement of defence and counter-claim and claimed.
After the close of pleadings, the matter proceeded to trial. The Appellants called four witnesses and tendered Six Exhibits. The 1st and 2nd Respondents on their part, called only one witness and tendered Nine Exhibits. The 3rd Respondent testified and tendered One Exhibit.
Upon the close of the case, the Appellants and all the Respondents through their counsel filed written addresses. Thereafter, the trial Court delivered its judgment and the claims of the Appellants were dismissed while the counter-claim of the 1st – 2nd and 3rd Respondents were granted.
The appellants’ dissatisfaction with the Judgment of the Court brought about this appeal.
ISSUES FOR DETERMINATION:
The issues considered were:
1. Whether the identity of the land in dispute was properly established?
2. Whether the evidence of the Claimants were properly evaluated by the lower Court?
3. Whether from the totally of the case, a valid transfer of title of any land in favour of the 3rd Defendant was established?
DECISION/HELD:
The appeal was dismissed. Consequently, the judgment of the High Court of Justice, Ogun State, in Agbara Judicial Division was affirmed.
RATIOS:
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