Alhaji Sikiru Sorungbe V. Abu Akanni Lawal (2006)

LawGlobal-Hub Lead Judgment Report

JOHN AFOLABI FABIYI, J.C.A.

This is an appeal against the judgment delivered by Ogunade, J. while sitting at the High Court of Justice in Ota, Ogun State of Nigeria on the 9th day of December, 1999. The learned trial judge found that the Respondent herein, as plaintiff before him, proved his claims except that relating to special damages and entered judgment in his favour.

The plaintiff’s claims, as per his amended statement of claim at pages 21-22 of the record of appeal, read as follows:-

“(a) A DECLARATION that the plaintiff is entitled to the Statutory Right of Occupancy in respect of the piece or parcel of land lying, being and situate at along Lagos Abeokuta motor road, Sango Ota Ogun State and more particularly delineated on Survey Plan No. APAT/OG/174/1985 dated 20th November, 1995 drawn by A. B. Apatira, licenced surveyor.

(b) The sum of N50,000.00 (Fifty Thousand Naira) being special and general damages for trespass committed by the Defendant on the plaintiff’s said land.

PARTICULARS OF SPECIAL DAMAGES

N

1. 70 pieces of 9 inches blocks at N35.00 2,450.00
2. 2 bundles of Iron Sheets at N4,000.00 per bundle 8,000.00
3. Cost of supporting planks destroyed by the Defendant … 3,700.00

14,150.00

GENERAL DAMAGES 35.850.00

TOTAL 50,000.00

(c) A PERPETUAL INJUNCTION restraining the Defendant, his servants, agents or privies from

committing further acts of trespass on the Plaintiff’s said land.”

Upon the due completion of pleadings at the lower court, each side of the divide adduced evidence. The Plaintiff called five witnesses. The Defendant, on his part, called three witnesses.

The evidence adduced by the Plaintiff points to the direction that the land in dispute was allocated to him in 1974 or thereabout by the late Bello Edun who was at the material time the head of Ajego family. The Plaintiff maintained that Bello Edun later asked him to pay N6,000.00 for the land which he resisted; being a family member. In 1976, he agreed to pay N3,000. A deed tagged ‘Purchase Receipt’ dated 4th May, 1976 in respect of the land is Exhibit 1.