Alhaji Ibrahim T. Aminu V. Mrs. Elizabeth Onaolapo Ogunyebi & Anor (2003)

LawGlobal-Hub Lead Judgment Report

PATRICK IBE AMAIZU, J.C.A.

PATRICK IBE AMAIZU, J.C.A. (Delivering the Leading Judgment):

The appellant herein was the 1st defendant in suit, KWS/50/98, presided over by Bamigbola, J., of the Kwara State High Court, sitting at the Ilorin Division of the court. In that suit, the 1st respondent herein, as plaintiff sued the appellant and one other, now the 2nd respondent, claiming the following reliefs:-

“(i) A declaration that the plaintiff is the rightful owner of the piece or parcel of land together with the uncompleted building, thereon which consists of a twin flats of 3 bedroom each, and fenced, situate lying and being at Olorunsogo area, behind Federal Secretariat, Fate, Ilorin, Kwara State of Nigeria.

(ii) A declaration that the 1st defendant has no right whatsoever to tamper with, develop, alter, enter into or do any other thing whatsoever on the aforesaid property.

(iii) A declaration that the roofing of the said property by the first defendant constituted an act of trespass by the 1st defendant on the plaintiff’s property.

(iv) N250,000 as damages against the 1st defendant for trespass committed by the 1st defendant for unlawfully entering upon the plaintiff’s aforesaid property and roofing same unlawfully.

(v) Perpetual injunction restraining the 1st defendant his agent, servants privies or assigns from further developing, tampering with, altering, or from further committing any other act of trespass on the aforesaid property.”

Pleadings were filed and exchanged. The appellant in addition filed a counter-claim. In the counter-claim he sought for the following reliefs:-

“(i) A declaration that the 1st defendant is the rightful person entitled to the grant of a certificate of occupancy in respect of the piece or parcel of land situate, lying and being at Olorunsogo area, behind Federal Secretariat, Fate, Ilorin, and the owner of the uncompleted building thereon which consists of a fenced twin flat of three bedrooms each.

(ii) N500,000.00 as general damages for the delay caused by plaintiff to the completion of the building by the 1st defendants (sic) and, for the disturbance of the 1st defendant’s rights in respect of the property.

(iii) Perpetual injunction restraining the plaintiff either in person or through his agents, servants, privies, or any person(s) whosoever, from further disturbing the peaceful enjoyment by the 1st defendant of the said landed property”.

The 1st respondent in compliance with the rules of the court, filed a defence to the counter-claim. The 2nd respondent filed a defence. Thereafter, the trial proceeded. At the trial, all the parties gave evidence and called witnesses. They also tendered some documents to support their oral evidence.

Briefly, the facts which led to this appeal so far as they are material to the questions which call for our determination are: