A. Adebanjo V. A. A. Brown (1990)

LawGlobal-Hub Lead Judgment Report

KAWU, J.S.C.

Alfred Adeyinka Brown, who was the original plaintiff in this case in the High Court died on the 6th day of September, 1984, and the present respondent, one of his children, was substituted in his place. So all references to “the Plaintiff” or “the Respondent” in this judgment will be to the original plaintiff.

In the High Court of Lagos State, the respondent as plaintiff brought an action against the appellant, claiming in his amended writ of summons, as follows:-

“1. N2,000.00 (Two thousand naira only) being special and general damages for trespass committed by the defendant on the plaintiff’s land at Tanimeda, in the Surulere district of Lagos, Lagos State within the jurisdiction of this court, a plan of which land, that is to say the plaintiff’s land is attached, marked ‘A’, numbered 1, 9 and 10 and edged red.

2. Perpetual injunction restraining the defendant, his servants and/or agents from further trespassing on the said land or any part of same. Annual value of land is approximately N2,000.00.”

Pleadings were ordered and filed, and in paragraphs 10, 11, 12, 13, 14, 15,16, 17 and 18 of the amended statement of claim, the plaintiff averred as follows:-

“10. By virtue of an Indenture of Conveyance dated the 16th day of December, 1967 and registered as no.87 at page 87 in volume 1268 of the register of deeds kept in the lands registry Office in Lagos, the children of the aforesaid Albert Edward Brown (deceased) sold and conveyed three (3) plots, Plots 1,9 and 10 which are a portion of the said land referred to in paragraph 4 above to the plaintiff for an estate in fee simple absolute in possession free from all incumbrances whatsoever. The plan of the 3 plots which is Plan No.AL69/1966 is attached to the amended writ of summons and marked A1 drawn by S.A. Alaka, licensed surveyor on the 21st day of September, 1966 and edged RED.

11. Since his purchase of the said land the plaintiff has entered into full free continuous and undisturbed possession of same exercising maximum rights of ownership and/or possession over same without any let or hindrance until the series of acts unleashed by the defendant.
12. In and during the month of December, 1973 the defendant without any authorisation from or by the plaintiff trespassed unto plot 10 of the plaintiffs land (hereinafter referred to as the land in dispute) and with a caterpillar vehicle destroyed the extensive crops planted by the plaintiff on the said land and at the same time the defendant sought to commence building operations on the said land.
13. The plaintiff caused his solicitors to write on 22nd December, 1973 to the defendant warning him to desist from so building on plaintiff’s land and demanding an amount of N200.00 (two hundred naira) for the crops so far destroyed.
14. The defendant started to make approaches to the plaintiff that he would purchase the land from the plaintiff whilst at the same time he continued despite the warning not to build on the said land.
15. In and during the month of January, 1977, and without any authorization or permission from the plaintiff the defendant vi et armis pulled down part of the walls (concrete) of the plaintiffs buildings on the land and proceeded to wall round into his own close to that part of the plaintiff’s land.
16. In the course of the operation described in paragraph 15 herein the defendant –

(i) Spread out and wasted and scattered some ten piles of building sand which the plaintiff had accumulated on his land.

(ii) damaged the barrier by which the plaintiff had hitherto shut out water from and into his house and thereupon water in large quantities flowed into and damaged properties in the house of the plaintiff.

17. The area trespassed upon by the defendant is edged green on the land in dispute and should (sic) on the attached composite plan marked B1 which is numbered AL14/1981 drawn by S.A. Alaka. licenced surveyor on the 30th day of Apri,.1981 and the defendant is holding on to the said plaintiff’s land and trespasses into the said plot No. 10, and whenever he is asked to leave he would turn out the hooligans and thugs that he maintains regularly on the said land.
18. WHEREFORE the plaintiff claims against the defendant as follows:-

(i) N2,000.00 (two thousand naira) being special and general damages for trespass made up as follows:-

A. Special damages:

Cost of crops destroyed N200.00

Cost of sand scattered 420.00

Cost of wall fence broken 300.00

Cost of properties