Law News
Appeal Court Dismisses Progenitor Case Against Akinbami Family

THE Court of Appeal in Ibadan has dismissed an appeal case of originality of progenitor instituted by four members of Aminu family; Tajudeen Aminu, Sahdudeen Aminu, Opedayo Aminu, Nureni Aminu and Iyabo Aminu, against the Akinbami family.

Akinbami family was represented by Mr Taofeek Lamidi Akinbami (who was substituted for Lamidi Olayiwola Akinbami by the order of the court dated December 2, 2010) and Alhaji Chief Yisa Salami for themselves and on behalf of members of Akinbami family of Adeoyo, Ibadan, Oyo State.

The judgment was delivered by Justice Chinwe Eugenia Iyizoba.

The appeal was filed against the judgment of the High Court of Justice in Ibadan, delivered on August 1, 2008 in suit number I/260/2003.

The appellants’ amended brief was settled by Y. B. Adebowale, while the respondents’ brief was settled by Chief Tirimisiyu Ayanlowo Obisesan of Black and White Law Firm, Ibadan.

The respondents sought “a declaration that the plaintiffs, being members of Akinbami family of Adeoyo, Ibadan, are jointly entitled together with the defendants to the following; the family palace at Adeoyo, Ibadan; the family house that contained therein shop No 1-11 lying and situated at Akinbami Compound, Adeoyo, Ibadan; 400 acres of land situated and lying at Sololu Ikaa village via Akingbade area, Ibadan, and acres of land occupied by Agip and Texaco filling stations, situated and lying at N4/133, Adeoyo, Ibadan.”

Justice Iyizoba, in a 30-page judgment delivered on June 29, ruled “that the appellants did not specifically plead and lead evidence of larches and acquiescence at the lower court,” and that the “learned counsel for the respondents is right that the averment in paragraph 37 of the statement of defence did not meet with the requirements of the above provision.

“Having resolved all the issues in this appeal against the appellants, I hold that the appeal lacks merit. It is hereby dismissed. The judgment of the High Court of Justice Ibadan, delivered on August 1, 2008, in suit No I/260/2003 is hereby affirmed with costs assessed at N50,000.00 in favour of the respondents.”

Other justices are Monica B. Dongban-Mensem and Haruna Simon Tsammani. The two justices also agreed with the judgment.

 Tunde Ogunesan

Nigeria Bar

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