Hon. Zulukainaini Edun V. Bola Yusuf (2005)

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MUNTAKA-COOMASSIE, J.C.A.

This is an appeal by the defendant in the court below, against the judgment of the High Court of Justice Kwara State of Nigeria, delivered by the Honourable Justice J.A. Ibiwoye on 26/4/2000.

The Respondent, as plaintiff in the lower court, had instituted an action against the Appellant, as defendant claiming as per his Statement of Claim thus:

(a) “A DECLARATION that by virtue of the DEED OF ASSIGNMENT Between the plaintiff and the defendant dated the 1st of March, 1997, the plaintiff has become the absolute and beneficial owner of a piece or parcel of land measuring 50ft by 80ft situate, lying and being at Opposite CHRIST APOSTOLIC CHURCH No. 87 TAIWO ROAD, ILORIN.

(b) A DECLARATION that by virtue of DEED OF ASSIGNMENT Dated the 1st March, 1997, between the plaintiff and the defendant the plaintiff is the only person entitled to a grant of a statutory right of occupancy over a piece or parcel of land measuring 50ft by 80ft situate, lying and being at Opposite Christ Apostolic Church No. 87 Taiwo Rd, Ilorin.

(c) N100,000.00 damages for trespass committed by the defendant on the land.

(d) A perpetual injunction restraining the defendant, his agents, Privies and or servants howsoever from further act of trespass on the land.

The defendant in its amended Statement of Defence totally denied the claim of the plaintiff.

Hearing of the case commenced in the lower court in earnest the plaintiff called one witness and testified personally. Five documents were tendered as Exhibits 1 – 5. The defendant in turn testified in his defence and tendered through the PW.1 exhibit B1 and also tendered Exhibit D1 throngh DW.1.

Both learned Counsel addressed the court in details. In a reserved judgment on 26/4/2000, learned Judge of the lower court delivered his judgment in favour of the plaintiff and on page 149 of the Record, it was held thus:

“…. The sum total of all I have been saying is that based on the evidence before the court the plaintiff’s claims succeeded and are hereby accordingly granted”. He then granted all the plaintiff’s prayers.

Being dissatisfied with the above decision, appellant appealed to this court. Because the grounds of appeal were attacked by the Respondent, I now reproduce same without their particulars as follows;

“GROUND 1.

The learned trial judge erred in law, when his Lordship held that “I am convinced that this suit discloses a reasonable cause of action against the defendant.