Mr. A. O. Osho & Anor V. Foreign Finance Corporation & Anor (1991)

LawGlobal-Hub Lead Judgment Report

O. OBASEKI, J.S.C. 

The plaintiff/respondent in this appeal commenced proceedings against the 1st defendant/respondent. 2nd defendant/appellant and 3rd defendant/appellant by a writ of summons filed in the Ikeja Judicial Division, High Court of Lagos State and the claim endorsed in terms expressed therein reads:

“1. The plaintiff’s claim is for the sum of one million Naira (N1,000,000.00) jointly and severally against the defendants being special and general damages for destruction of plaintiff’s property and goods and trespass committed by the defendants on the land of the plaintiff at Plot No. H Mushin Light industrial Estate Scheme II Mushin and comprised in the Deed of Lease dated 26th January, 1976 and registered as No. 77 at page 77 Volume 1534 of the Lands Registry in the office at Lagos;

2. Perpetual injunction restraining the defendants, their agents, servants, assignees from continuing the said trespass on the property and the land.”

In paragraph 2 of the statement of claim, the claim was repeated with slight modification as follows:

“By the actions of the defendants, the plaintiff could not work at the factory thereby losing staff and customers and suffered severe losses financially:

Whereof the plaintiff claims special and general damages against the defendants jointly and severally for the sum of one million Naira (N1,000,000.00 for the destruction of the plaintiff’s property and trespass committed by the defendants on the plaintiff’s …. land situated and lying at Plot No. 10 Block D Matori Industrial Scheme Layout, Mushin Lagos.

Particulars of Special Damages

1. Cost of buildings, fence etc. destroyed N470,000.00
2. Cost of materials destroyed 80,000.00

3.

4. Money lost 21,000.00
5. Documents etc. 8,000.00
6. Blocks destroyed 60,000.00

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N1,000,000.00

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At the High Court, there was a 4th defendant named Alhaji R.I. Solomon. Pleadings were filed and exchanged, delivered or served.

In the statement of claim filed by the plaintiff, the plaintiff company, after setting out facts establishing its possessory right pleaded the acts of trespass complained of in paragraphs 13, 14, 19 and 21 as follows:

“13. The plaintiff will show that during the period the 4th defendant came to the site and threatened the plaintiff’s workers there that he will use his position as chairman of the Lagos State Building Materials Company to seize the land in dispute from the plaintiff by force;