Rev. (Dr.) A. B. Ayanlowo V. Sagamu Local Government & Anor (2016)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

HARUNA SIMON TSAMMANI, J.C.A. (Delivering the Leading Judgment)

This is an appeal against the judgment of the Ogun State High Court delivered by N. I. Saula, J. on the 16th day of June, 2009 in Suit No.HCS/122/2005

Before the Court below, the Appellant as the Plaintiff had by Paragraph 70 of the Statement of Claim, claimed as follows:(i) A DECLARATION that the name of the road running from Sagamu Roundabout, opposite Ikenne Road to the Sagamu-Benin Expressway is and remains ?Holy Ghost Way?.

(ii) AN ORDER of Perpetual Injunction restraining the 1st Defendant from effecting a change in the name of the road save in accordance with a strict observance of the same rules of procedure stipulated by the 1st Defendant in granting the approval to name the road as ?Holy Ghost Way?.

(iii) AN ORDER of Perpetual Injunction restraining the 1st Defendant from ever renaming the road after or upon the application of the 2nd Defendant

(iv) AN ORDER of Perpetual Injunction restraining the 2nd Defendant from uprooting, removing or however interfering with any signposts erected along the subject road by the

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Plaintiff intended to identify the street.

(v) N1,000,000.00 (One Million Naira) against the 2nd Defendant as damages for conversion and detinue.

(vi) Cost of this action at N250,000.00 (Two Hundred and Fifty Thousand Naira).

The 1st and 2nd Respondents in response filed separate Statements of Defence to which the Appellant filed Replies. Issues having been joined the case went to trial. At the trial, the Appellant as Plaintiff, called three witnesses who testified as the PW1, PW2 and PW3 respectively. The Defendants/Respondents called a witness each. At the close of evidence, respective counsel addressed the Court; and in a judgment delivered on the 16/6/2009, the learned trial Judge struck out the Plaintiff/Appellant?s claims on the ground that the Appellant had no locus standi institute the action. The Appellant is dissatisfied with that judgment and has therefore filed this appeal.

The Notice of Appeal which is at pages 190 ? 193 of the Record of appeal was dated and filed on the 10/9/2009. It consists of five Grounds of Appeal. The parties then observed the Rules of this Court by filing Briefs of Arguments. The

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Appellant?s Brief of Arguments was dated the 18th day of November, 2015 and filed the same day. Therein, the Appellant framed three (3) issues for determination as follows: