The Court of Appeal sitting in Ibadan has set aside an Ogun State High Court’s verdict which vested the Ikibawo Family with the right of occupancy on a land at Ijaba, near Osuke Village via Ota.
It held that the high court lacked jurisdiction to entertain the case. Justice Nonyerem Okoronkwo allowed the appeal.
“There was interplay of errors in the manner of commencement of the claims in the action. Both the main suit and the counter-claim are incompetent and are struck out.
“The judgment of Ogun State High Court of October 24, 2011 is set aside for lack of jurisdiction. For the above reasons, the appeal is allowed,” the appellate court held.
Chief Fatai Agbebiyi, Yahaya Ahmed (for themselves and on behalf of Isalu family of Iyesi Ota); Akanni Owonimesi and Salau Akanbi are the appellants.
The respondents include Chief Sikiru Balogun, James Dada, Lasisi Kafaru, Chief Augustine Omilelewe (for themselves and on behalf of Ikibawo family); Timothy Ogunrounbi, Taiwo Ogunrounbi and Aweni Ogunrounbi.
Justice A. A. Akinyimi of the Ogun High Court had declared the the claimants (respondents) are entitled to the land with survey plan number KOA/OG 97/DP 13 dated August 13, 1997.
The judge also granted an order of perpetual injunction restraining the defendants (appellants) from trespassing or interfering with the claimants’ right over the land.
Dissatisfied, the appellants lodged the appeal, arguing that the judge erred by entering judgment against them despite overwhelming evidence in their favour.
The appeal court held that the high court’s proceedings were wrongly initiated.
“The superstructures include the proceedings and the judgment of the lower court, the subject matter of this appeal. They all rest on nothing and are therefore vitiated by being set aside,” the appellate court held.
The appeal court also dismissed the counter-claim to the action on the basis that it was not properly filed.
“The counter-claim not having been paid for, in respect of the reliefs claimed therein, has not been initiated by due process…It, therefore, is incompetent and is liable to be struck out,” Justice Okoronkwo held.
Justice Ali Gumel and Justice Obietonbara Daniel-Kalio concurred with the lead judgment.