Alhaji Raufu Gbadamosi V. Olaitan Dairo (2007)

LAWGLOBAL HUB Lead Judgment Report

MUSDAPHER, J.S.C

In the High Court of Justice of Oyo State, in the Ibadan judicial division and in suit No. 1/344/83, and in his writ of summons, the plaintiff claimed against the defendant the following reliefs:

“(i) Declaration of title to a certificate of occupancy in respect of the piece or parcel of land situate, lying and being at Olojuoro road, Ibadan.

(ii) The sum of N15,000 (Fifteen Thousand Naira) being special and general damages suffered by the plaintiff in consequence of continuing acts of trespass being committed by the defendant on the said land.

(iii) An Order of perpetual injunction restraining the defendant, his servants or agents or any person claiming through or under him from committing any further acts of trespass on the land.”Pleadings were ordered, filed and exchanged. By paragraph 24 of the statement of claim the following particulars of damages claimed were stated thus:

“Particulars of Damages

(a) Cost of building demolished N5,800(b) Cost of 6000 cement blocks

removed and/or destroyed at

70 kobo per block N4,200

(c) General Damages N5,000

Total N15,000

The defendant also filed a counterclaim against the plaintiff. Paragraph 30 of the amended statement of defence and counter-claim provided:

“(1) A declaration that the defendant is entitled to a statutory right of occupancy over all that piece or parcel of land situate, lying and being at Oloro Olojuoro road, Ibadan, a place within 5 Kilometers to Mapo Hall, Ibadan, which is particularly shown on survey plan No. MAK/240/84

of 29th December, 1984.