The Customary Court of Appeal, Ado-Ekiti, has dismissed an appeal instituted by one Mr. Ojo Ojurongbe against Chief Ezekiel Jaiyeoba over the rightful ownership of a parcel of farmland at Oke Oko, Ilawe Road, Igbara-Odo Ekiti.
The appealed stemmed from an earlier judgment delivered on 25th March, 2024, by M. A. Ajayi and assessors – Mr. C. F. Usikalu and Dr. R. O. Adeosun of the Customary Court, Ilawe-Ekiti, in suit number: IL/CC/22/2023.
The appellant, Mr. Ojo Ojurongbe, had through his counsel, Owoseni Ajayi, sought 4 reliefs which are; an order allowing the appeal, an order setting aside the judgement of the lower court, an order dismissing the case of the respondent at the lower court and an order allowing the counter-claim of the appellant.
In response to the appellants brief, the respondent, Chief Ezekiel Jaiyeoba, through his counsel, Dele Ibitayo, contended that the law is settled that Appellate Courts would only interfere and set aside the judgement of the lower Court where the appellant is able to establish that the judgement is perverse and occasioned miscarriage of justice.
Delivering the lead judgment, Hon. Justice Olufolakemi Ogundele, resolved in favour of the respondent, thereby dismissing the appeal filed by the appellant.
Justice Ogundele asserted that; “In the instant appeal, I have already held that the learned trial Judge was right in his decision and even if I am wrong (I believe I am not), I hold that the error is neither substantial nor material to warrant the reversal of the judgment of the trial Court.”
He added that; “After reviewing the evidence and exhibits put before the trial Court, this Court finds no reason to reverse the decision of the lower Court. It is trite that a court cannot nullify a judgment at the request of a party without ample evidence before the court to substantiate the miscarriage of justice suffered by that party.
“In the final analysis, having resolved the issue in favour of the Respondent and against the Appellant, this appeal fails in its entirety. The judgment of the Customary Court Ilawe Ekiti delivered on the 15th April 2024 by Mrs. M. A. Ajayi, is hereby upheld.” His Lordship ruled.
In their supporting judgment, President of the Customary Court of Appeal, Ado-Ekiti, Hon. Justice Monisola Abodunde, and Hon. Justice Rotimi Adegboye, aligned their judgements with the lower court as well as Hon. Justice Ogundele.
