Mrs. T.C. Chukwuma V. Mr. Babawale Ifeloye (2008)

LAWGLOBAL HUB Lead Judgment Report

A. OGUNTADE, J.S.C,

The appellant was the plaintiff before the High court, Abuja and the respondent the defendant. The facts leading to the dispute out of which this appeal arose and the claims of the plaintiff/appellant are pleaded in paragraphs 3 to 8 of the appellant’s amended statement of claim as follows:

“3. The plaintiff avers that sometimes in 1988 she applied for an allocation of land to the Federal Capital Development Authority and on May, 1989 she was granted Certificate of Occupancy in respect of a piece of land known as Plot 496 located ell Area A2 Wuse District Federal Capital Territory. Plaintiff leads the said Cer1ificate of Occupancy and shall rely on it at the trial.

4. On or about the month of February, 1993, the Defendant wrongfully entered the said land and has wrongfully taken possession of same by erecting a four bedrooms duplex and has thereby trespassed and in still (sic) trespassing thereon.
5. The plaintiff avers that she discovered the Defendant on her piece of land when she employed the services of an Independent Contractor to erect a building of her choice after approval of the building plan has been sought and obtained from the Federal Capital Development Authority.
6. The plaintiff further avers that it was when the contractor got to the site of erecting the building that she discovered that the Defendant has already erected a structure on the land and the site was no longer suitable for the use of the Plaintiff.

7a. The plaintiff promptly reported the matter to the Development control Unit of the Federal Capital Development Authority who promptly issued a ‘STOP WORK’ order on the Defendant.

7b. The plaintiff avers that prior to this period she was not resident in Abuja but in Lagos and she only came to Abuja when she was appointed the Chairperson to the National Commission for Women in 1992.

7c. The plaintiff avers that the land in question is a State land and located in Urban area of the Federal capital Territory.

8. By reasons of the matters aforesaid, the Plaintiff ahs been deprived of the use and enjoyment of the said land and premises and has thereby suffered loss and damages.

WHEREOF the plaintiff claims the sum of 3 million being general damages for trespass to all that land known as Plot 496 within A2, Wuse 1 District Abuja.

B. A perpetual injunction restraining the Defendant, his servants and/or agent from further trespassing on the plaintiff’s land. Or doing anything incompatible and inconsistent with the plaintiff’s land. Or doing anything incompatible and inconsistent with the plaintiff’s title and ownership of the said property.”

The respondent in his statement of defence paragraphs 4 to 15 and 19 pleaded thus:

“4. The defendant avers that he bought the land and an existing building from one Mrs. Joan Babajide who has been staying on the land from March, 1985 until she sold the land in dispute to the defendant in 1988. The defendant pleads and will tender the receipt of sale.

5. The defendant avers that since 1988 he has been exercising continuous and maximum acts of possession and ownership by staying on one part of the existing building and letting the other to one Mallam Isa Haruna.
6. The defendant also avers that apart from (5) above, he has been going in and out on the land since 1988 without anybody disturbing or questioning him or his – (the defendant’s) interest on the land.
7. The defendant asserts that the failure of the plaintiff to comply with the terms of the certificate of occupancy granted her has immensely contributed to the action of the defendant and the transferor. The defendant pleads and will tender the certificate of occupancy that contains the terms.
8. In 1992, before we were challenged, we demolished the existing building on the land in dispute and started the construction of another building which is there on the land in dispute now. It was only in 1993 when we had almost completed construction that we were served with a ‘stop work’ order from the FCDA.
9. The defendant asserts that the plaintiff is negligent in that she stood by and allowed substantial development to be done on the land in dispute between 1985 and 1992 before she raised an alarm and/or assert her right on the same.
10. As a result of the ‘stop work’ order served on us, we now discovered from the FCDA that the proper allottee is the plaintiff in this case.
11. Notwithstanding our assertion in paragraph 9 above, we approached the plaintiff for negotiation and settlement.
12. She agreed for negotiation with us and during negotiation she (Plaintiff) gave the defendant two conditions upon which she would accept our terms of settlement.

The conditions are:-

(a) That we perfect our title in respect of plot 495 which was originally allocated to our own transferor.

(b) That we should be responsible for the cost of transfer which was then estimated to be in the sum of N250,000.00 (Two Hundred and Fifty Thousand Naira) only in addition to transferring the vacant (plot 495) to her.

13. To satisfy condition 12B above the defendant on the 22nd July, 1994 issued a Union Bank of Nigeria Abuja Branch cheque of N250,000.00 (Two Hundred and Fifty Thousand Naira) only.
14. The plaintiff however; declined to accept the cheque because the defendant was not yet in position (sic) to transfer plot 495 to her.
15. The defendant then met with his transferred who then took necessary steps to effect proper transfer of plot 495.

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