Mrs. Grace Odusanya V. Mr. Kolade Osinowo (1999)

LawGlobal-Hub Lead Judgment Report

OGUNTADE, J.C.A. 

At the High Court Ikeja, the respondent was the plaintiff and the appellant, the defendant. I shall hereafter refer to the parties as ‘plaintiff’ and ‘defendant’. The plaintiff claimed for;

“(a) Declaration that Plaintiff is entitled to certificate of Occupancy in respect of all that piece or parcel in Egbe Village, Lagos State, the Plan of which shall be filed later.

(b) The sum of N10,000.00 (Ten Thousand Naira) being special and general damages for continuous acts of trespass on the said land at Egbe Village, Lagos State from November, 1985 which acts of trespass is (sic) continuing despite repeated warnings by the plaintiff together with an order for possession.

(c) Perpetual injunction restraining the defendant, his servants and privies from further acts of trespass on the said land.”

The parties filed and exchanged pleadings after which the suit was tried by Martins J. The plaintiff testified and called a land surveyor as his only witness. The defendant testified. He called two other witnesses. In its judgment given on 8/10/96, the lower court gave judgment in favour of the plaintiff as per his writ of summons.

The defendant was dissatisfied. He has brought this appeal. In his Notice of Appeal filed on 30/12/96, the defendant raised 15 grounds of appeal. On the same date the defendant filed a “further ground of appeal” Most of the appellant’s grounds of appeal were poorly framed. They contained narrative and arguments. In the appellant’s brief filed the issues for determination were set out thus:

“(1) Did the Plaintiff and his witness lead any reliable evidence so as to succeed against the defendant in this case.

(ii) In view of the issue joined by parties and evidence before the lower court could the trial Judge place any reliance on Exhibits ‘A’ and A1 (Purchase receipts of the Plaintiff) to defeat Exhibits C and E (Purchase Receipts of the defendant) so as to award the ownership of the land in dispute to the Plaintiff?

(iii) Whether the trial judge made a correct approach to the evidence led by the Parties by coming to conclusion on the evidence led by the Plaintiff before considering that of the defence.

(iv) By the state of the pleading and evidence, whether the reliefs sought could be granted to the Plaintiff/Respondent as per the Writ of Summons and Statement of claim or at all?”

The respondents formulated the issues for determination thus:

“2.1 Whether the learned trial Judge properly evaluated the evidence before him in arriving at his decision.

2.2 That, whether the Respondent and his witnesses had led credible and uncontroverted evidence to succeed against the appellant in proof that the Respondent has superior and far better title than the appellant.