Society Gists

The Court of Appeal, Ibadan Division, has set aside the judgment of an Ogun State High Court granting statutory right of occupancy on parcels of land situate at Ajelanwa Olowo Igbo village and Kajola Iboro village via Atan Ota, Ogun State, to persons standing for the Oyeyemi Asalu family.

The appellate court, in its unanimous decision, also dismissed the suit filed by respondents: Oba Samuel Olufemi Ojugbele and three others for themselves and on behalf of members of Oyeyemi Asalu family of Iga, Isalu Ota.

It awarded N250,000 against the family.

Alhaji Yekini Solabi, Lamina Solabi, Jimoh Jolaoso Solabi, Fasasi Solabi, Mojidi Solabi, Ibrahim Solabi, Alhaji Mutairu Owoeye, Ganiyu Owoeye, Tunde (a.k.a. One Hour) had approached the appellate court seeking an upturn of the lower court judgment, which upheld them as customary tenants.

The court held that Oba Samuel Ojugbele, Alhaji Suraju Olusesi, Babatunde Akinade and Chief Abayomi Ojugbele, who were the first set of respondents in the appeal,  failed to provide the particulars of the intervening owners through whom they claim as true owners of the land.

It insisted that to accept their claim of being Oyeyemi’s  direct children, they must prove their link with positive evidence how the land devolved from Oyeyemi to them. “Failure to establish this link is fatal to the claimants’ case.” The court held.

The appellate court argued that in their (respondents) pleadings, they left a gap unfilled by claiming that Oyeyemi bore only Ilo. It stated that their pleadings which stated that Oyeyemi built more huts for people, including ‘his children’, suggested that he had children, not a child, meaning that the claimants did not give the names of other children.

“It is the law that parties are bound by their pleadings,” it held.

“The court cannot grant them right of occupancy on a land that does not exclusively belong to them.

“Based upon the foregoing, I am of the view that the learned judge ought to have made a finding of fact on whether Oyeyemi actually had children or Ilo was his only child. Where a finding of fact is not made on a crucial issue like this, an appeal will be allowed,” the court held.