Sunday Omoyinmi V. Grace Olu Olaniyan & Anor. (2000)

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ADEREMI, J.C.A.

The appellant (Sunday Omoyinmi) who was the plaintiff at the Lagos High Court holden at Lagos in Suit No. LD/353/72 in their amended writ of summons claimed against the respondents who were the defendants in that court, as follows:

(1) N5, 000:00 being general and special damages for trespass committed by the defendants, their agents and/or servants in February, March, and April, 1972 and also 4th June, 1994 when they, their servants and agents broke and entered plaintiff’s land at 5, Oseni Street, Lawanson, Lagos and destroyed all plaintiffs properties.

(2) N2,000:00 being rents due but lost on the properties as from June, 1974 up to June, 1978.

(3) An order setting aside the judgment dated 17/7/67 obtained by 1st defendant in Suit No. IK/187/63 J.C. Onyelu v. Comfort Abiona) on the grounds that:

(a) defendant in that action was denied the opportunity of being heard due to the fraud, acts and omission of the plaintif,f his agents and servants.

(b) The trial of the said action was full of serious defects in procedure.

(c) The trial of the action and the judgment were incomplete and irregular even on the face of the records.

(d) Defendant therein was denied the opportunity of taking part in the proceedings leading to the judgment.

(e) Procedural irregularities caused failure of jus lice and the said judgment was affected by a fundamental vice.

(4) A perpetual injunction restraining the defendants, their agents and servants from further going on the said landed property.

(5) And for further or other reliefs.

By way of counter-claim as indorsed in the second amended defence and counter-claim of the second defendant with the leave of court, the second defendant as the counter-claimant (S.O. Olaniyan) claimed against the plaintiff as the first defendant to the counter-claim as follows:

(1) Declaration of title in fee simple or according to Yoruba Customary law to the property at 5, Oseni Street, Lawanson, Surulere, Lagos State.