Lawson V Ajibulu (1997)

LAWGLOBAL HUB Lead Judgment Report

OGUNDARE, J.S.C.

The plaintiff Chief A.A. Ajibulu who is a legal practitioner, in 1975 bought a piece or parcel of land measuring 15.05 acres from the Aina Ala Adeniyi families of Agbara village. He affixed on the land a signboard bearing his names as the owner. He later noticed that Chief Adeyemi Lawson was encroaching on the land. Chief Lawson approached him to sell the land to the latter but plaintiff refused. The land was later acquired by the Ogun State Government and released to Chief Lawson’s company for development. Plaintiff then instituted his action, first against Chief Lawson alone and, at subsequent stages in the proceedings, he joined Chief Lawson’s Company – Lawson and Company (Nigeria) Limited as 2nd defendant and the Commissioner for Lands and Housing Ogun State and the Attorney-General and Commissioner for Justice, Ogun State as 3rd and 4th defendants respectively.

In his final pleadings that went to trial, plaintiff averred, inter alia as follows:

“5. The plaintiff is the owner of the parcel of land measuring 15.05 acres situate lying and being at Agbara village near Igbesa, Egbado Division of Ogun State of Nigeria and parallel to Lagos-Badagry Road.

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7. By virtue of an instrument dated the 5th of March, 1975 and registered as No. 51 at page 51 in Volume 1692 at the Lands Registry at Ibadan (and now at Abeokuta) the said piece of land vested in the plaintiff as the freehold owner of it and he was put in possession of same.
8. The plaintiff was put in possession by his vendors who were the accredited representatives of Aina Ala Adeniyi families of Agbara village in Egbado Division of Ogun State of Nigeria.
9. That since the sale to the plaintiff, the plaintiff had been exercising rights of ownership without any interference or disturbance whatsoever until it was discovered that the defendants had been encroaching on the said piece of land.
10. That 1st and 2nd defendants forcibly entered into the said piece of land destroyed the signboard bearing the names of the plaintiff which was installed on the land and started to carry out survey work without the consent of the plaintiff between the end of 1976 and early part of 1977.
11. The plaintiff wrote letter of warning to the 1st defendant to desist from his act of trespass but the 1st defendant refused to heed the warning.
12. In March, 1977 the 1st defendant invited the plaintiff to his Grailand Hill residence two times as contained in two letters dated 3/3/77 and 18/3/77 respectively and he offered to compensate the plaintiff for the act of trespass by paying him (plaintiff) a sum of N200.00 per acre for the whole piece of land in dispute but the plaintiff refused.
13. The Ogun State Government and 3rd and 4th defendants claimed ownership of the said piece of land and purported to have leased same to the 2nd defendant without the consent of the plaintiff.

13a. The plaintiff was not served with any notice personally or otherwise by the 3rd and 4th defendants or Ogun State Government of any intention to acquire the piece of land in dispute compulsorily or otherwise.

14. The 2nd defendant had unlawfully leased the said piece of land to a company known as Food Specialities (Nigeria) Limited for over one million naira.
15. The 2nd defendant had not been using the said piece of land for public purpose but for its own private, profit making purposes.”

He claimed, as per paragraph 18, the following:

“(1) Declaration of entitlement to Statutory Certificate of Occupancy of that piece or parcel of land lying situate and being at Agbara village near Igbesa, Egbado, Ogun State and more particularly described and marked ‘Red’ on the plan attached to Deed of Conveyance Registered as No. 51 at page 51 in volume 1692 of the Lands Registry at Ibadan (now Abeokuta).

(2) N2,000.00 (two thousand naira) damages for trespass committed on the piece of land by the defendants and their agents, servants and privies.

(3) An injunction restraining the defendants, their servants privies and agents from committing further act of trespass upon the said piece of land.

(4) Declaration that the purported acquisition of the said piece of land under the Public Lands Acquisition Law Cap. 105 Laws of Western Nigeria, 1959 by the 3rd and 4th defendants is incompetent, unlawful, null and void for failure to satisfy sections 8(1) and 9 of the Public Lands Acquisition Law, 1959.

(5) Declaration that the purported acquisition of the piece of land in dispute under Public Lands Acquisition Law, Cap. 105 Laws of Western Nigeria, 1959 for public purpose from a private individual i.e. the plaintiff and later leased to another private company i.e. 2nd defendant by the 3rd and 4th defendants and Ogun State Government for private profit making purpose does not come within the purview of the Public Lands Acquisition Laws of Western Nigeria. 1959 and therefore it is unconstitutional ultra vires, null and void.

(6) Setting aside the said acquisition in respect of the land in dispute.”

The 1st and 2nd defendants filed a joint defence the penultimate paragraphs of which read: