CaseLaw
Olubodun V. Lawal (2008) CLR 6(b) (SC)
Judgement delivered on June 13th 2008
Brief
Facts
The action leading to the present appeal was originally commenced in the Customary Court Grade 2 No.2 sitting at Sagamu, Ogun State on the 21st May, 1985. But by a letter dated 26th July, 1985 written by the Registrar, Ijebu Remo Grade 1 Customary Court, Sagamu addressed to the principal Registrar High Court of Justice, Sagamu, the entire case was transferred to the High Court of Justice, Sagamu. In that Court pleadings were ordered and the parties filed and exchanged their respective pleadings.
With the leave of Court, both parties effected several amendments to their respective pleadings. The final amended pleadings upon which the Plaintiffs/Respondents predicated their case is the 2nd further amended statement of claim and plan dated 1st March, 1994 but filed on 15th March, 1994. Of course, an amended reply by the order of Court dated 15th March, 1994 and filed the same date in response to the 4th amended statement of defence of 1st to 6th Defendants also constituted the basis on which the Respondents/Plaintiffs based their case. The Defendants/ Appellants predicated their defence on the process captioned 6th amended statement of defence. By paragraph 37 of the 2nd further amended statement of claim and plan, the Plaintiffs/Respondents claimed against the Defendants/Appellants as follows:-
The root of title of the Plaintiffs/Respondents in the land in dispute said to be situated at Agura a contraction of the word "Ago-Ora" originally given to the land because of its fertility, is founded on "Settlement".
The Defendants/Appellants did not counter-claim. At the trial Court, both parties led evidence in support of their respective averments in their pleadings. After the respective addresses of Counsel had been taken, the trial Judge, in a reserved judgment, entered judgment in favour of the Plaintiffs/Respondents.
Dissatisfied with the judgment of the trial Court, the Defendants/Appellants appealed to the Court of Appeal which Court after taking argument of the Counsel in the appeal, in a reserved judgment delivered on 8th May, 2001 unanimously dismissed the appeal while affirming the judgment of the trial Court.