Ayoade a. Adewuyi & Others V. Andrew Ajuko Odukwe (2000)

LawGlobal-Hub Lead Judgment Report

NZEAKO J.C.A.

In the suit filed on 23rd November, 1992 at the High Court of Lagos State which came before B.O. Martins J., the plaintiff had originally claimed against the 1st defendant only, a declaration that he was the person entitled to the statutory right of occupancy to a piece of land at No.2 Obasa Street Anifowoshe, Ikeja, N500 special and general damages for trespass and perpetual injunction restraining the defendant, his servant, agents etc, from further trespass.

Pleadings were much later exchanged by parties after much delay by the Defendant, who caused a rehearing of the suit. The matter then proceeded to retrial. Following certain developments after the suit was being heard, the 2nd defendant got leave of the Court to be joined as 2nd Defendant, and the plaintiff amended his statement of claim. His claim then had new paragraphs 2 and 3 and now read as follows:

The plaintiff claims against the defendants:

“1. A declaration that the plaintiff is the person entitled to the statutory right of occupancy to all that piece or parcel of land situate, lying and being at No.2 Obasa Street, Anifowoshe, Ikeja and more particularly described and delineated on survey Plan No. ESL/A3273/89 dated 10th November, 1989 and drawn by S.O.A Ifowodo licensed surveyor.

2. An order setting aside the purported sale in March, 1994 Niger land Ltd., Kingsley Ijoma and Mrs. Elizabeth Dumuje of the land, the subject matter of this action, to the 2nd defendant.

And all documents purportedly executed by them to that effect while this suit filed in 1992 is pending is unconstitutional, null and void having regards to the provisions ,of:

(1) Constitution of the Federal Republic of Nigeria 1979;

(2) Land Use Decree 1978; and

(3) Other existing laws.

3. An order of specific performance directing Nigerland Ltd., Kingsley Ijoma and Mrs. Elizabeth Dumuje to themselves, servants or agents or any person(s) howsoever and by whatever name called to execute all relevant documents in favour of the plaintiff, relating to the land subject matter of this action described in (ONE) above.
4. The sum of N500.00 (Five Hundred Naira) being special and general damages for trespass committed by the 1st Defendant his agents, servants and/or privies on the said land.
5. Perpetual Injunction restraining the 1st defendant by himself, servants, agents and/or privies howsoever called from further trespassing on the plaintiff land.”

The case was again reopened on the application of the 2nd defendant.

I have set out the claim in full because of the issues arising there from in the appeal. At the conclusion of the trial, the learned trial Judge, on 4th December, 1996, entered judgment for the plaintiff. Being dissatisfied, the 1st Defendant who is the appellant in this appeal, appealed to this Court.

The appellant filed 8 grounds of appeal and each party filed its brief of argument. Counsel for the appellant materially settled 4 issues for determination which appeared in his brief thus:

Issues for Determination

“2.01. From the 9 grounds of appeal filed by 1st Defendant at pages 338 to 348 of the records, grounds 1 and 2 are grounds against interlocutory decisions. Issues on these will be suspended until application for extension of time to file these grounds outside the 14 days permitted under Section 25(2)(a) of the Court of Appeal Act 1990 is granted by this Honourable Court of Appeal.