Engr. Yakubu Ibrahim & Ors V. Simon I. Obaje (2005)

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MARY UKAEGO PETER ODILI, J.C.A.

This is an appeal against the judgment of Hon. Justice U. I. Ndukwe Anyanwu of the Abuja High Court dated 30th July, 2002 wherein the learned trial Judge granted a declaration of title to land in respect of a piece of land situate at plot F96, Dutse Alhaji, Abuja, FCT, perpetual injunction restraining the appellants from committing further acts of trespass on the said land and N1.6 million damages awarded against the appellants as special damages for trespass. The appellants being dissatisfied filed an appeal to this Court on a notice of appeal dated 8th day of August 2002.

RELIEF SOUGHT:
An order setting aside the judgment of the lower Court and an order dismissing the plaintiff’s case at the lower Court. The parties filed their briefs of argument in accordance with the rules and exchanged same.

FACTS:
From the statement of claim, the plaintiff/respondent asserted that he is the owner of the landed property known and described as plot F96, Dutse Alhaji, Abuja and that he also had possession of the said parcel of land. That he bought the plot

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from the former owner, Mr. Otitoju Bonte who conveyed title to him, respondent by virtue of an irrevocable power of attorney dated 19th October, 2000 given for value. That the said plot F96, Dutse Alhaji is covered by a certificate of occupancy No. FCT/M2TP/OD/276 of 15th June, 1995 granted by Bwari Area Council. That a building plan for development of the plot was applied for and approved, by the supervisory authority. That respondent commenced development on the plot with the initial structure totally completed. That while construction was on, the defendants/appellants trespassed into the construction site and harassed the workers and disrupted the work. When these did not deter the work, the appellants got policemen who ordered the workers of the respondent to stop work. In the absence of the workers, the appellants got into the plot and destroyed the concrete structure and a report of this destruction was made by respondent to the police whereof plaintiff/respondent claimed:-
i. Declaration of title over plot F96 in his favour.
ii. An order of perpetual injunction restraining the defendants/appellants and their servants, agents and privies from

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any further trespass to the land.
iii. N1,600,000 (One million, six hundred thousand naira) special damages and listed are the items of the damages and value.

Also claimed is interest on the judgment sum at the current bank rate until judgment is delivered and thereafter at such rate and for such period as the Court should think fit.

The 1st defendant/appellant in his statement of defence while denying the respondent’s ownership of the said land in dispute averred that he is the bona fide owner by virtue of a written agreement dated 21st February, 1996. That he, 1st appellant has been in peaceful possession of the said land since that 21st February, 1996 when he purchased same from one Mohammed A. Kalgo. That the plaintiff/respondent could not have bought the piece of land from Mr. Otitoju Bonte vide a purported power of attorney, as the said Mr. Otitoju Bonte is not the owner of the said piece of land. That the said Mr. Otitoju Bonte had earlier requested 1st defendant/appellant to sell the said piece of land to him but 1st defendant/appellant refused before the purported allocation of the same to the said Otitoju Bonte. Appellants stated

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that the respondent did not commence any development or complete the initial structure on the said piece of land. That the appellants did not trespass into respondent’s purported construction site to harass and disrupt work and did not bring policemen to order workers out of the purported site. The 1st defendant/appellant said the 2nd defendant/appellant is his wife. That 3rd and 5th defendants/appellants are not members of 1st defendant/appellant’s family.

That 4th defendant/appellant is not a family member of the other defendants/appellants. The appellants denied destroying any purported concrete structure on the said land and that 1st appellant was away in Italy at the material time while 2nd appellant was with her parents in Benin City. That the plaintiff/respondent was not therefore entitled to the claims having not suffered any damage or injury as a result of the activities of the appellants or destruction of the purported concrete structure/construction site. That the claims be dismissed.

The learned trial Judge however found for the plaintiff/respondent and made orders as earlier stated in accordance with the claim of the