The Customary Court of Appeal, Ado-Ekiti, has upheld the judgment of the Customary Court Iyin/Igede Ekiti over the Customary Right of Occupancy in respect of three farms at Top Hill Hotel area of Oke Ilawe Street, Iyin Ekiti, and an order of perpetual injunction restraining the defendant from further trespassing into the land was granted.
The appeal follows an earlier judgement delivered on 1st of February, 2021, by the Customary Court Iyin/Igede Ekiti which ruled that the farms belong to Chief Matthew Olubobokun, Chief Mrs. Omoboja Apuabi and Comfort Abiodun Apuabi.
Dissatisfied with the ruling, the Appellant approached the Customary Court of Appeal to seek for 2 reliefs.
The reliefs sought from the Higher Court by the Appellant’s Counsel, Akinbode Kowe, were: (a) To allow the appeal and set aside the judgment of the lower court and dismiss Plaintiff’s claim; (b) Alternatively, to allow the appeal and order a retrial of the suit before another panel.
The Respondents’ Counsel, C. O. Omokhafe Esq, in his response to the appeal, submitted that the Respondents were able to prove their long act of possession and control of the land in dispute through credible evidence adduced by the Plaintiffs’ witnesses at the trial court.
The Respondents’ Counsel referred to the evidence given by the Respondents’ witnesses to further establish the evidence of possession and control of the land in dispute over a sufficient length of time.
The Respondents also submitted that the piece of evidence given by the Respondents’ witnesses were never challenged, contradicted or destroyed under cross examination at the trial court.
Dismissing the appeal with appeal number – EK/CCA/A/04/20, the Customary Court of Appeal resolved all the issues in favour of the Respondents and against the Appellant.
While reading the lead judgement on May 28, 2024, Hon. Justice Lawrence Ojo averred that the Appellant is not from Oke Ilawe and that the farmland that was given to his father to farm annual crops was sold by the Appellant.
His Lordship held on this issue as follows: “It is clearly established from the evidence of the Plaintiffs/Respondents that they were in possession of the land in dispute peacefully for a very long time until when the Appellant came in 2017 and started making troubles which had led to serious Police intervention and arrest of the Appellant.
The evidence of long possession adduced by the Plaintiffs/Respondents witnesses and the evidence of the first Defence Witness were never challenged. It is trite law that evidence whether by Affidavit or Viva Voce that remains uncontroverted must be believed as being the truth and acted upon by the court.”
Hon. Justice Ojo further held that; “The plaintiffs/Respondents proved they have been in possession of the land in dispute before the Appellant was born forty nine (49) years ago. The siblings and parents and family of the Appellant who were alive were not called by the Appellant to challenge the position of the Plaintiffs/Respondents in Court, though it is clearly established in plethora of cases by the Apex Court that the party seeking declaratory relief must succeed on the strength of his case and not on the weakness of the defendant’s case.”
His Lordship finally held that: “In the final analysis, having resolved all the issues in favour of the Respondents and against the Appellant, I therefore accordingly dismiss the Appeal.”
The lead judgment was then supported by other members of the panel – President of the Customary Court of Appeal, Ado-Ekiti, Honourable Justice Monisola Abodunde, and Justice Rotimi Adegboye.
