ADEYEYE & ANOR. V. THE STATE

• Pages: 187-189

ADEYEYE & ANOR. V. THE STATE

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187

The facts in the instant case show that the plaintiff/appellant became aware of

the building on his land some months after its completion as he was away from

Ilesha. Immediately he became aware of it he warned the respondent. He sub-

sequently reported him to the Owa, the Oba (head Chief) of Ilesha who intervened

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in the matter. He insisted that the building be removed. At that stage he had to go

abroad again. On his return he pursued the respondent to his village and made

several trips to Ilesha where the defendant lived but with no results. Still protesting

he had to go away for a number of years. On his return he made an effort to get

the respondent to pull down the shop by building right at the back if it leaving only

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three feet to the shop built by the respondent. After making an unsuccessful last

appeal to him to demolish his building he put the respondent to court. To our mind

it cannot be said that the appellant acquiesced in the respondent's act or that he

allowed him to take a position from which will be unreasonable to dislodge him.

There was not a time he gave up or surrendered his rights on the land to the re-

15 spondent.

We disagree with the learned judge of appeal that the appellant at any time slept

on his right or that the delay to sue the defendant, was not without good reasons.

We are of the view that, in the circumstances, it will not be reasonable to say that

laches will apply.

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For these reasons we allow this appeal and we hereby set aside the judgment

of the learned judge of appeal and restore the judgment of the President of Ilesha

Grade A Customary Court declaring the plaintiff/appellant as the owner of the land

in dispute.

The order as to costs of 25 guineas made by the learned judge of the High

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Court against the plaintiff is hereby set aside and costs of 15 guineas are hereby

awarded in his favour. The plaintiff'appellant is also entitled to costs in this court

which are assessed at 32 guineas.

Appeal allowed.

ADEYEYE & ANOR. V. THE STATE

1.

BENJAMIN ADEYEYE

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APPELLANTS

2.

SIMEON AJIBADE

V

THE STATE

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RESPONDENT

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SUIT NO. SC 54/1968

SUPREME COURT OF NIGERIA

ADEMOLA,

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C.J.N.

COKER,

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J.S.C.

MADARIKAN,

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J.S.C.

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8th July, 1968.

Criminal Law - Appeal - Principles to guide Court of Appeal in deciding to

interfere with sentence passed by lower court.

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ISSUE:

1. What

principles must guide a court of appeal in deciding whether or not to

interfere with a sentence passed by a lower court.

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