Judgment
ISAIAH OLUFEMI AKEJU, J.C.A. (Delivering the Leading Judgment) : This is an appeal against the judgment of the High Court of Justice, Oyo State, sitting at Ibadan (herein after referred to as the lower Court) delivered on 21st day of December, 2016 by Honorable Justice M. I. Sule. The Appellant was the defendant at the lower Court while the Respondents were the Claimants.
A summary of facts of the case that led to this appeal is that, the Respondents who were the claimants at the lower Court instituted this action by a writ of summons filed on 10/6/2013, claiming for themselves and on behalf of the entire children of Osagade of Late Pa Jejelola against the Defendant/Appellant the reliefs as contained in Paragraph 33 of their Statement of claim. See pages six to seven (6-7) of the record of appeal. At the close of the pleadings, parties called witnesses to prove their case.
The 1st claimant gave evidence in support of their case and called one witness, while the defendant gave evidence in support of his case and also called one witness Adewale Ogunjimi. At the end, judgment was entered partly in favour of the Claimants/Respondents against the Appellant. The lower Court held inter alia as follows: “…The claim therefore succeeds in terms of reliefs (a), (b), (c) only, while relief (d) is dismissed.” It is against the above decision that the Appellant’s notice of appeal dated 7th day of March, 2017 was filed and it contained eleven (11) grounds of appeal.
The parties in accordance with the rules of this Court filed their respective briefs of argument. The Appellant in his brief of argument dated 2nd June, 2017 distilled six (6) issues for determination from his Eleven (11) grounds of appeal filed.
The issues are adumbrated as follows;
(i) Whether having regard to the pleadings and there being no legally admissible evidence in support of the Claimant’s relief before the Court the trial Court was wrong in granting the Claimants’ Claim. (Covers Grounds 1&2 of the Notice of Appeal) (ii) Whether the trial learned Judge was wrong when it granted the Claimants’ Claim based on supposed evidence of partition by the Claimant, when the Claimant’s evidence were contradictory and no legally admissible evidence of partitioning was led by the Claimant. (Covers Grounds 3, 6 & 7). (iii) Whether the learned trial judge was wrong in his finding that the Claimant/Respondents are members of Jeje family considering the totality of the content of Exhibit “G” on the descendants of Jeje. (Covers Grounds 4 & 5 of the Notice of Appeal). (iv) Whether considering the pleading and the evidence before the trial Court, the trial Judge was wrong in awarding the sum of N50,000:00 as general damages against the Defendants/Appellant in favour of the Respondents. (Covers Grounds 9 and 12 of the Notice of Appeal). (v) Whether the learned trial judge was wrong in applying Section 167 (d) of the Evidence Act 2011 to the case of the Appellant to find that the Respondents are members of Jeje family. (Covers Ground 11 of the Notice of Appeal) (vi) Whether having regard to the evidence led by the counter-claimant, the trial judge ought to have granted the counter-claim of the counter-claimant. (Covers Grounds 8 & 10 of the Notice of Appeal).
