Alhaji Ganiyu Solomon V. Mr. Abidemi Daisi-olatunji & Ors (2016)

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UZO I. NDUKWE-ANYANWU, J.C.A.

This is an appeal against the Judgment of the High Court of Lagos State delivered on the 11th day of January, 2005 by Hon. Justice O. A. Williams.

By a writ of summons together with a Statement of claim dated 11th April, 2000 but filed on the 17th April, 2000, the Respondent as Claimant claimed against the Appellant as Defendant as follows:
?1. A declaration that the Plaintiff is the person entitled in Law and equity to the certificate and right of occupancy in respect of a piece of land which situates, lying and being at No.54, Palm Avenue Mushin, Lagos State measuring approximately 833.33 square yards (i.e. 696,764 meters) on Survey Plan No. 68/1965 annexed to an Indenture made on the 11th day of July, 1965 and duly registered as No. 51 at page 51 in Vol. 2 of the Lands Registry Office at Ibadan (now Alausa, Lagos State),
2. A declaration that the Defendant’s forceful entry and ejectment of the Plaintiff by the Defendant from the landed property which situates, lying and being at No, 54, Palm Avenue, Mushin, Lagos State is unlawful.
3. The sum of N5,000,000 (Five Million

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Naira) being special and general damages for trespass committed and still being committed by the Defendant on the Plaintiff?s plot of land which situates, lying and being at No, 54, Palm Avenue, Mushin, Lagos State and marked as Plot 15 on the survey plan No.68/1955 dated 20th June, 1955 and more particularly delineated on Plan No.MAF/18/92L dated 6th February 1992 and drawn by M. F. Fasasi Esq,, Licensed Surveyor.
4. An order of perpetual injunction restraining the Defendant, his servant, agent, workmen and or privies from further committing acts of trespass on the said Plaintiffs land.”
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The Appellant on his part filed his Statement of Defence. He did not counter-claim. The matter went to trial.
Parties are at ad idem on the fact that the land in dispute otherwise known as Plot 15 on Survey plan No. 68/1955 dated 20th June 1955 is part of the land covered by an Indenture dated 11th July, 1955 duly executed between Sunmola Agaran Bale of Ojuwoye, Amodu Iyalode, Amusa Aganran, Kasali Akinbiyi, Sanusi Olowu, Salami Akinsanya, Jimoh Aileru, Tijani Akanbiyi, all of Ojuwoye in Mushin District in the mainland of Lagos for themselves and on

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behalf of the Ojuwoye people (hereinafter called the Lessors) of the one part and the Ikeja Co-operative Building Society Ltd (hereinafter called the Lessees) of the other part and registered as No 51 at Page 51 in Volume 2 of the Lands Registry, Lagos State.

It is the case of the Respondent that based on the Survey plan 68/1955 the land in dispute originally belonged to one Nathaniel Martins a member of the Ikeja Co-operative Building Society. Upon the death of Nathaniel Martins the land devolves to his son Abel Martins from whom he bought the land. He also contended that before the sale of the land, he was tenant of Pa Laditan on the land. Following the purchase, he continued to use the land as a mechanical workshop and put some tenants who were paying rent to him until he started receiving several demolition notices from some Lagos State Agencies which resulted to the demolition of his workshop and his forceful ejection by the Appellant.
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It is the case of the Appellant that he got the land by virtue of Power of Attorney jointly executed by Pa Laditan and one Chief A. A. Adeyemi who were the President and secretary of the Society respectively. He

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denied in its entirety all the facts of threats, demolition and forceful ejection pleaded by the Respondent.

After hearing the respective witnesses of the parties and the submission of their respective counsel, the trial Court held as follows:-
?1. It is hereby declared that he is the person entitled in law and equity to the certificate and Right of Occupancy in respect of a place of land situate, lying and being at No.54, Palm Avenue, Mushin, Lagos State measuring 833.33 square yards delineated on the Survey Plan No.68/1955 annexed to the indenture made on 11th July, 1955 registered as 51 at page 51 in vol. 2 of the Lands Registry, Ibadan now Alausa, Lagos State.
2. I hereby grant an Order of perpetual injunction restraining the defendant, his servants, agents, workmen, and or privies from further committing acts of trespass on the land in dispute,
3. I award damages in the sum 50,000.00 against the defendant and in favour of the Claimant.”

Dissatisfied with the said judgment, the Appellants filed a Notice of Appeal on 28th day of January, 2005 consisting of six (6) grounds of appeal.

According to the Rules of Court parties

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