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					                           IN THE HIGH COURT OF KWARA STATE
                             IN THE ILORIN JUDICIAL DIVISION
                                    HOLDEN AT ILORIN
                                                   SUIT NO: KWS/ ……………/ 2012
 BETWEEN:

1. MALLAM ABDULBAKI ADESINA
2. ALHAJI SULAIMAN JAIYEOLA                                ………….CLAIMANTS
 (For themselves and on behalf of Alangua Family)

 AND

 ALHAJA RALIAT HASSAN DOGO                                 ………..DEFENDANT

                                       WRIT OF SUMMONS
 To:
 The Defendant
 Ipata, Ilorin,
 Kwara State.


 YOU ARE HEREBY COMMANDED that within thirty (30) days after the service of this
 Writ on you, inclusive of the day of such service, you do cause an appearance to be
 entered for you in an action at the suit of the Claimants.
  AND TAKE NOTICE that in default of your so doing, the Claimants may proceed
 therein and judgment may be given in your absence.


 Dated this…………….. day of ………………… 2012
                                                           ……………………………
 By Order of the Court                                      Registrar

 N. B. This Writ is to be served within six calendar months from the date thereof or, if
 renewed, within three calendar months from the date of last renewal, including the
 day of such date, and not afterwards. The Defendant may enter appearance personally
 or by a legal practitioner either by handling in the appropriate forms, duly completed,
 at the Registry of the High Court of the Judicial Division in which the action is brought
 or by sending them to the Registry by registered post.
                                    ENDORSEMENTS
The Claimants’ Claim is for the forfeiture and possession of the land situate at Oyun
area, Kulende, Ilorin. The claimant family is the customary owner of the entire land in
Kulende including the piece of land the subject matter of this suit by virtue of first
settlement. The land in dispute was part of the land granted to father of the defendant
Hassan Dogo by the claimant’ progenitor for Agricultural purpose, the defendant has
challenged the tittle of the claimants.

WHEREFORE the claimants claim as follows;
        1. A declaration that claimants are entitled to statutory right of
              occupancy over piece of land situate at Oyun area, Kulende,
              Ilorin, covered by survey plan with No. Kw/1208/063/2011.
           2. An order of forfeiture of the customary tenancy and occupational
              right of the defendant in the land situate at Oyun area, Kulende,
              Ilorin, covered by survey plan with No. Kw/1208/063/2011.
           3. An order that the claimants do recover possession of the land
              situate at Oyun area, Kulende, Ilorin, covered by survey plan with
              No. Kw/1208/063/2011.


This Writ is issued by A. O. Mahmood Esq., whose address for service is No.229,
Ibrahim Taiwo Road, Ilorin, Legal Practitioner for the Claimants who reside at Ilorin,
C/o their counsel, I.O.U Chambers, No.229, Ibrahim Taiwo Road, Ilorin.

This Writ was served by me at………………………………… on the Defendant (describe mode
of service)…………………………on the ……………………….day of ……………………….2012


Endorsed the……………….. day of ……………………….2012.

Signed…………………….

Address…………………..
                          IN THE HIGH COURT OF KWARA STATE
                            IN THE ILORIN JUDICIAL DIVISION
                                   HOLDEN AT ILORIN
                                                  SUIT NO: KWS/ ……………/ 2012
 BETWEEN:

1. MALLAM ABDULBAKI ADESINA
2. ALHAJI SULAIMAN JAIYEOLA                                  ………….CLAIMANTS
  (For themselves and on behalf of Alangua Family)

 AND

 ALHAJA RALIAT HASSAN DOGO                                   ………..DEFENDANT

                                 STATEMENT OF CLAIM
            st
 1.    The 1 claimant is the present Alangua of Kulende, in Akanbi V, Ilorin South Local
       Government area of Kwara State.
 2.    The 2nd claimant is a principal member of Alangua family, the ruling family in
       Kulende, Ilorin, Kwara State.
 3.    The claimants are pursuing this action for themselves and as representatives of
       the Alangua family of Kulende, in Akanbi V Ilorin South Local Government area of
       Kwara State.
 4.    The defendant is a daughter of Hassan Dogo who was granted land by the 3rd
       Alangua of Kulende for farming along Oyun River some years ago
 5.    The claimants aver that Alangua family of Kulende is the customary owner of the
       entire land in Kulende including the land which is the subject matter of this suit
       from time immemorial by virtue of first settlement.
 6.    The claimants aver that the Alangua family has been in possession of the piece of
       land, the subject matter of this suit and exercising acts of ownership on the land
       such as farming, granting land for agricultural purposes and prosecuting the
       trespasser on the land.
 7.    The claimants aver that their progenitor, Aliyu Oyakoja Afara founded Kulende
       from time immemorial.
8.   The claimants aver that their progenitor Aliyu Oyakoja Afara, migrated from
     Baruba Land along with his eleven children as a result of incessant death
     perceived as unnatural.
9.   The claimants’ progenitor Aliyu Oyakoja Afara settled in three different places
     (Kuwo, Oke-Osibi and Ita-Iku), in search of peaceful place before he finally settled
     at Kulende with his two surviving sons.
10. The claimants aver that the place they finally settled at was named Iku Lende now
     called Kulende, because of the circumstances which necessitated their
     resettlement.
11. The claimants aver that the founder of Kulende, Aliyu Oyakoja Afara, was
     survived by two children; Ayilara and Baba Mi Kekee.
12. The claimants aver that the two male sons of Aliyu Oyakoja Afara were the
     progenitors of the two ruling houses in Kulende.
13. The claimants aver that Ayilara, the second Alangua of Kulende reigned for 100
     years and was survived by three children Salamatu Abake, Ayisatu and
     Muhammadu Jimoh.
14. The claimants aver that Baba mi Kekee, the younger brother to Ayilara, the
     second Alangua of Kulende, begot only one son called Gata
15. The claimants aver that Muhammadu Jimoh, the son of Ayilara, the second
     Alangua, became the third Alangua of Kulende and reigned for a short period.
16. The claimants aver that Muhammadu Jimoh was survived by three children
     namely; Abiba, Mero and Aremu.
17. The claimants aver that Gata, the only son of Baba mi Kekee, gave birth to Abdul
     Baki.
18. The claimants aver Abdul Baki became the fourth Alangua of Kulende and reigned
     for Nine years and died in 1979. He was survived by Muhammed Shina (the 1st
     claimant), Ibrahim, Aminat, Fatimoh, Toyin, Iyabo, and Lawal.
19. The claimants aver that Aremu Jimoh became the fifth Alangua of Kulende. He
     reigned for 32 years and died on 13th December, 2010. He was survived by
     Ahmed, Abolore, Rafiu, Lanre, Iyalanbaba, Lekan, Ayodele Kulu and Bola.
20. The claimants aver that the 1st claimant ascended to the throne after the demise
    of the fifth Alangua of Kulende.
21. The claimants aver that the Kulende land is bounded in the North-East by Oyun
    River and in the North-West by Kodijale River while in the South-Esat it is
    bounded by Alalubosa River at Maraba and in the South-West by Asa River.
22. The claimants aver that the 2nd claimant’s father as a principal member of
    claimants’ family, sometime in 1979, approached the defunct Ilorin Local
    Government Authority during Ilorin urban/rural stratification, for confirmation as
    the customary owner of the land in Kulende starting from cattle market and
    extending to the Oyun River.
23. The claimants aver that the fact that the claimants’ family is the customary owner
    of the land starting from the cattle market at Kulende and extending to the Oyun
    River from time immemorial was confirmed by the defunct Ilorin Local
    Government in a letter dated 4th day of June, 1979. The copy of the letter dated
    4th day of June, 1979 is hereby pleaded.
24. The claimants aver that after the demise of the 5th Alangua of Kulende, the service
    of Tafa Babatunde Atiku a licensed surveyor was engaged to survey the
    remaining part of Alangua family land at Oyun area for proper delineation of the
    boundary of their land. The copy of survey plan with No. Kw/1208/063/2011,
    showing the land of Alangua family situate at Oyun, area kulende, Ilorin is
    hereby pleaded.
25. The claimants aver that the Alangua family decided to erect beacons for proper
    delineation of boundaries of the family land at Oyun area. It was during this
    exercise that some people came claiming that the land belonged to Idiagbon
    family. These people were invited to the Alangua of Kulende’s palace for a
    meeting to look into their claim and resolve the issue.
26. The claimants aver that when these people came for the meeting as scheduled at
    Alangua Kulende’ palace they claimed that the land belongs to Idiagbon family
    without producing any evidence to back their claim.
27. The claimant aver that the defendant Alhaja Raliat Hassan Dogo, Muinat Hassan
    Dogo and Bodurin were present at the meeting held at the Alangua Kulende
    palace on the 5th day of April, 2011.
28. The claimants aver that few weeks after the meeting, the Alangua family
    discovered that some people (who claimed to be agent of the defendant) were
    working on the land. These people were asked to stop the work until the dispute
    on ownership was resolved.
29. The claimants aver that following the fact in paragraph 28 above, Habeebullahi
    Abdullahi, Toyin AbdulBaki Magaji and Lawal AbdulBaki Magaji (members of
    Alangua family) were arrested by the police upon the complaint of the defendant
    and were taken to the Police Station ‘E’ Division at Kulende for interrogation.
30. The claimants aver that the DPO, after listening to the story of both sides, advised
    both parties to go to court for the determination of the true owner of the land as
    the police is statutorily disempowered from intervening in land matters.
31. The claimants aver that the DPO finally warned both parties not to cause any
    trouble and to stay away from the land until the court decides who the true
    owner of the land is.
32. The claimants aver that some days after, Alangua family discovered that the
    agents of the defendant were still working on the land and, being law abiding
    citizens, they went to inform the police of the situation and sought for the Police
    intervention in order to avoid violence and breakdown of law and order.
    Following this, the defendant was invited to the police station.
33. The claimants aver that before they left the police station ‘E’ Division, a bailiff
    along with a police man came to the station from a Magistrate Court to serve
    Habeebullahi Abdullahi and Abdulbaki lawal Magaji with a summons in respect
    of direct complaint of criminal trespass made by the defendant.
34. The claimants aver that the defendant has since the time she was asked to
    produce evidence of her tittle over the land by Alangua family been using both
    the Police as well as court process mala fide to cause harassment, embarrassment
    and annoyance of the members of the Alangua family.
35. The claimants aver that the defendant filed a private direct complaint of criminal
    trespass, mischief and conspiracy in case No. MCIA/510/2011, against
    Habeebullahi Abdullahi and lawal AbdulBaki Magaji members of the Alangua
    family in the magistrate court, Ilorin. The certified true copy of letter of direct
    compliant of criminal trespass dated 14th September, 2011 filed by the
    defendant is hereby pleaded.
36. The claimants aver that the after using the court process mala fide to restrain
    claimants family, started development of the land in dispute while prosecuting
    the members of the Alangua family for criminal trespass over the land in dispute.
37. The claimants aver on the 28th day of October, 2011 the private direct compliant
    brought against the members of the claimants’ family was terminated on the
    ground that the ownership over the land the subject matter of the direct
    complaints is in issue. The certified true copy of the ruling delivered by
    magistrate Nndakeni on the 28th day of October, 2011 is hereby pleaded.
38. The claimants aver that defendant after termination of the direct complaint made
    against member of the claimant family, still on the 16th day of January, 2012,
    caused the arrest of Habeebullahi Abdullahi and Abdulbaki lawal Magaji at D
    Division Police Station on the allegation of criminal trespass.
39. The claimants aver that the suspects Habeebullahi Abdullahi and Abdulbaki
    lawal Magaji informed the police that the defendant has taken them to court on
    the offence of criminal trespass and were discharged by the court in its ruling
    delivered on 28th day of October, 2011 a copy of which was shown to the police.
40. The claimants aver that when the defendant was confronted with the copy of the
    ruling of the court terminating the criminal trespass made against Habeebullahi
    Abdullahi and Abdulbaki lawal Magaji she was shocked and claimed not to be
    aware of the outcome of the case.
41. The claimants aver that the defendant, after termination of direct complaint filed
    her against members of Alangua family, has also started alienation of the land in
    dispute without consent of the 1st claimant as the customary overlord of the land
    in dispute.
42. The claimants aver that when the 1st claimant came back from Lagos where he is
    working was informed of all form of embarrassment, ridicule the member his
    family was subjected to by the defendant.
43. The claimants aver that the first claimant called for a family meeting to look into
    the matter and find a solution.
44. The claimants aver that it was during the family meeting when the surname of the
    defendant was mentioned that the 2nd claimant informed them that he knew that
    one Hassan Dogo the father of the defendant was granted piece of land for
    agricultural purpose by the 3rd Alangua of Kulende along oyun River.
45. The claimants aver that the 5th Alangua of Kulende, Aremu Jimoh, during his life
    time, used to farm along Oyun River until when he was indisposed due to eye
    problem.
46. The claimants aver that those who farmed alongside the 5th Alangua of Kulende,
    Aremu Jimoh, were Alhaji Dauda, Alfa Sule, the father of Alfa Yahaya, the
    present Chief Imam of Kulende, Musa Abu, Alhaji Jimoh Oke-Asa, Alfa Gago and
    Hassan Dogo, the father of the defendant.
47. The claimants aver that Hassan Dogo was not from Kulende but love farming
    along river bank and was granted land along Oyun River by the 3rd Alangua of
    Kulende for farming.
48. The claimants aver that the father of the defendant, Hassan Dogo recognized the
    Alangua family as the customary overlord of the piece of land granted to him for
    Agricultural purpose by the claimants’ progenitor and used to pay tribute to the
    Alangua’s family upon the harvest of the produce from the land on which he
    farmed.
49. The claimants aver that the tribute paid by Hassan Dogo during his life to 3rd
    Alangua of Kulende Muhammad Jimoh was farm produce.
50. The claimants aver that after the death of Hassan Dogo, the land granted to him
    for agricultural purpose along Oyun Area was abandoned.
51. The claimants aver that since the demise of Hassan Dogo the land in dispute has
    been lying fallow.
52. The claimants aver that the family saw the attitude of the defendant as direct
    challenge to their tittle to the land in dispute as customary overlord sufficient to
    warrant the forfeiture of the occupational right of the defendant (if any still
    subsist).
53. The claimants plead and shall rely on the underlisted documents, among others,
    at the trial of this suit.
        a) The Survey Plan with No. KW/1208/063/2011, showing the land of
            Alangua family at Oyun Kulende, Ilorin.
        b) A letter dated 4th Day of June, 1979, written by the Administrative
            Secretary of the defunct Ilorin Local Government Authority.
        c) The certified true copy of the letter of direct complaint of criminal
            trespass dated 14th September, 2011 filed by the defendant.
        d) The certified true copy of the ruling delivered by magistrate Nndakeni on
            the 28th day of October, 2011
        e) All other documents that deal with this matter, including letters, memo,
            computer print-outs and others.
54. WHEREOF the claimants claim against the Defendant, as follows:
             (1)    A declaration that claimants are entitled to statutory right of
                    occupancy over piece of land situate at Oyun area, Kulende,
                    Ilorin, covered by survey plan with No. Kw/1208/063/2011.
             (2)    An order of forfeiture of the customary tenancy and
                    occupational right of the defendant in the land situate at
                    Oyun area, Kulende, Ilorin, covered by survey plan with No.
                    Kw/1208/063/2011
             (3)    An order that the claimant do recover possession of the land
                    situate at Oyun are, Kulende, Ilorin, covered by survey plan
                    with No. Kw/1208/063/2011
This …………. Day of ………………………………………………… 2012


                                    ……………………………………..
                                    Ibrahim Akangbe ESQ.
                                    Claimants’ Counsel
                                    I.O.U Chamber,
                                    229, Ibrahim Taiwo Road,
                                    Ilorin, kwara state.
FOR SERVICE ON:
The defendant
Ipata, Ilorin,
Kwara State
                        IN THE HIGH COURT OF KWARA STATE
                          IN THE ILORIN JUDICIAL DIVISION
                                 HOLDEN AT ILORIN
                                                SUIT NO: KWS/ ……………/ 2012
 BETWEEN:

1. MALLAM ABDULBAKI ADESINA
2. ALHAJI SULAIMAN JAIYEOLA                               ………….CLAIMANTS
  (For themselves and on behalf of Alangua Family)


 AND


 ALHAJA RALIAT HASSAN DOGO                                ………..DEFENDANT


                       List of witnesses to be called at the trial


    1.              ALHAJI SULAIMAN JAIYEOLA
    2.              HABEEBULLAHI ABDULLLAHI



 This …………. Day of ……………………… 2012



                                                     ……………………………………..
                                                     Ibrahim Akangbe ESQ.
                                                     Claimants’ Counsel
                                                     I.O.U Chamber,
                                                     229, Ibrahim Taiwo Road,
                                                     Ilorin, kwara state.

 FOR SERVICE ON:
 The defendant
 Ipata, Ilorin,
 Kwara state
                         IN THE HIGH COURT OF KWARA STATE
                           IN THE ILORIN JUDICIAL DIVISION
                                  HOLDEN AT ILORIN
                                                 SUIT NO: KWS/ ……………/ 2012
 BETWEEN:

1. MALLAM ABDULBAKI ADESINA
2. ALHAJI SULAIMAN JAIYEOLA                               ………….CLAIMANTS
  (For themselves and on behalf of Alangua Family)


 AND

 ALHAJA RALIAT HASSAN DOGO                                ………..DEFENDANT


                     List of documents to be tendered at trial
   1. The Survey Plan with No. KW/1208/063/2011, showing the land of Alangua
       family at Oyun Area, Kulende, Ilorin.
   2. A letter dated 4th Day of June, 1979, written by the Administrative Secretary of
       the defunct Ilorin Local Government Authority.
   3. The certified true copy of the letter of direct complaint of criminal trespass
       dated 14th September, 2011 filed by the defendant.
   4. The certified true copy of the ruling delivered by magistrate Nndakani on the
       28th day of October, 2011.
   5. All other documents that deal with this matter, including letters, memo,
       computer print-outs and others.

       This …………. Day of ……………………… 2012
                                                     ……………………………………..
                                                     Ibrahim Akangbe ESQ.
                                                     Claimants’ Counsel
                                                     I.O.U Chamber,
                                                     229, Ibrahim Taiwo Road,
                                                     Ilorin, kwara state.
 FOR SERVICE ON:
 The defendant
 Ipata, Ilorin,
 Kwara state

				
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Description: Writ of Summons for Forfeiture of Customary Tenancy