Mr. Rasaki Rabiu V. Mr. Musibali Atepete & Anor (2016)

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SAMUEL CHUKWUDUMEBI OSEJI, J.C.A.

This is an appeal against the Ruling of the High Court of Lagos State delivered by A.M NICOL-CLAY J. on the 4th day of October 2012 in suit No LD/1759/2011 wherein the Defendants (now Respondents) preliminary objection seeking the dismissal of the suit on the ground that it was statute barred by virtue of the provisions of Section 16(2) (a) and 21 of the Limitation Laws of Lagos State 2008 was upheld.

The Appellant herein had as Claimant in the Lower Court filed a writ of summons and statement of claim dated 29th September 2011 commenced an action against the Respondents as Defendants wherein he claimed as follows:-
WHEREOF THE CLAIMANT CLAIMS FOR:-
23. A DECLARATION that the parcel of land lying and situate at ARAROMI/ATEPETE STREET, EPE, LAGOS STATE belonged to the Claimant by inheritance from his late FATHER, MR. RABIU BAKARE who died in 1957.
24. A DECLARATION that the Claimants right of ownership and possession was further enhanced by the Judgment of the GRADE A CUSTOMARY COURT, EPE, on the 12th of July 1977 A

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CERTIFIED TRUE COPY of the said Judgment provided and marked Exhibit A.
25. A DECLARATION that the Defendants unwarranted act of trespass by burying their deceased relations: FIVE IN NUMBER, on the Claimants landed property at ARAROMI/ATEPETE STREET, EPE, LAGOS STATE without his knowledge, consent and permission is an unlawful and illegal occupation of the Claimants landed property.
26. A PERPETUAL INJUNCTION restraining the 1st and 2nd Defendants from further acts of unlawful trespassing and to end their present occupation of the Claimants landed property by exhuming the bodies of their THREE DECEASED relations already buried on the Claimants landed property.
27. GENERAL DAMAGES against the 1st and 2nd Defendants, jointly and severally in the sum of N25,000,000.00 (TWENTY MILLION NAIRA) for acts of unlawful trespass and occupation by burying FIVE of their deceased relations on the Claimants landed property with impunity, without his knowledge, consent and authority.

The Appellants case was that his late father MR RAIBU BAKARE was in physical occupation of the land in dispute

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located at Araromi/Atepete Street, Epe until his death in 1957. After his death, one MADAM AMUDATU RABIU trespassed on the land and he (the Appellant) sued her in the Grade A Customary Court Epe and obtained judgment against her in 1977. He then fenced the land and put a gate on it, fitted with a padlock.

He left Epe for Lagos in the 1982 but continued to visit the land at intervals until 1984 when on such visit he discovered that the 2nd Defendant had buried a corpse on part of the land without his consent and authority.

He sued the Respondents in the Erodo Customary Court but the Court declined jurisdiction. In 1986, he discovered that the Respondents have not vacated the land so he reported the matter to the Divisional Police Officer Epe Division who asked the Respondents to vacate the land. In 1995 he returned to Epe and still found that the Respondents were still on the land. Then in 1996 he lodged a complaint before the traditional ruler of Eko-Epe against the Respondents and they were condemned for their act of trespass. In 1999 the Appellant still went back to the Traditional Ruler of Eko-Epe to complain about the continued

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trespass before he left Epe to Lagos to continue treatment for his poor eye sight. He returned in 2007 to discover that the Respondents have buried two more persons on the land. In 2008, he referred the matter to the Lagos State Multi-door Court House but to no avail as the Respondents remained on the land. Hence, the filing of this suit at the Lower Court on 29-9-2011.

The Respondents upon being served filed their statement of defence and therein challenged the competence of the action on the ground that it was statute barred by virtue of Section 16 and 21 of the Limitation Laws of Lagos State. This was followed with a Notice of Preliminary Objection dated 22-11-2011 challenging the jurisdiction of the Court on the same ground that the action is statute barred.

In a Ruling delivered by A.M. NICOL-CLAY J. on 4-10-12 the said preliminary objection was upheld and the suit was dismissed.