Misiri Alimi & Ors V. Asani Kosebinu & Ors (2016)

LAWGLOBAL HUB Lead Judgment Report

MARY UKAEGO PETER-ODILI, J.S.C.

This is an appeal against the decision of the Court of Appeal, Lagos Division which set aside the judgment of the High Court of Lagos State that was delivered in the chambers of the learned trial Judge, E. F. Longe J.

The respondent as plaintiff claimed against the appellant as defendants as per their Amended Writ of Summons dated 30th day of October, 1990 thus:

1. A declaration that the parcel of land delineated in plans Nos. LA/127/CA/88 and LA/144/CA 88 drawn by in Ademola Ashipa belongs to the plaintiff’s family.
2. The sum of N5,000.00k being damages for trespass committed by the defendants jointly and severally against the plaintiff’s farmland on 12th October, 1990 by destroying the cassava, maize, tomatoes, okro, pineapples and kola-nut trees cultivated thereon.
3. An injunction restraining the defendants by themselves, their servants, howsoever from further acts of trespass on the said land.

BACKGROUND FACTS

The appellants’ claim as per the Amended Writ of Summons before the trial Court are for declaration of title to land, injunction and damages for

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trespass.

The appellants sued in representative capacity and the respondents were also sued in representative capacity.

The appellants filed an Amended Statement of Claim dated 13th December, 1994 and filed an Amended Reply dated 12th February, 1992. The respondents filed an Amended Statement of Defence dated 19th January, 1998.

At the trial, the appellants called 9 witnesses whilst the respondents called 6 witnesses. Upon the close of the defence both counsel delivered final addresses and judgment was reserved for 28th February, 2001. Judgment was not delivered on that day, the learned trial judge delivered a pre-judgment Ruling wherein he ordered counsel to further address the Court on an area of conflict. In compliance with the pre-judgment both counsel further addressed the Court on 16th May, 2001.

At the close of the further addresses of both counsel, the learned trial judge ordered a visit to the locus suo motu. Parties and their respective counsel went to the locus with the learned trial judge. At the locus, the trial judge made personal observations and took Statements from people thereat. The learned trial judge thereupon

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reserved judgment for 27th June, 2001. Judgment was not delivered on 27th June, 2001, but on 28th June, 2001. Same was delivered in the chambers for the learned trial judge for the reason that there was power outage.

In Chambers of the learned trial judge, he recorded the appearance of parties and counsel and stated in writing why he was delivering the judgment in his chambers.