Divine Ideas Limited V. Hajia Mero Umoru (2007)

LawGlobal-Hub Lead Judgment Report

OYEBISI F. OMOLEYE, J. C. A.

This is an appeal against the judgment of Hon. Justice S. T. Hussaini of the kogi State High Court sitting in Ayingba delivered on 7th day of May, 2004 in

Suit No. AYHC/4/2002 wherein his Lordship dismissed the Appellant’s claim, non-suited the counterclaim of the Respondent, but did not award damages to either of the parties.

The Appellant (as plaintiff) took out a Writ of Summons accompanied by a Statement of Claim and a Reply to the Amended Statement of Defence wherein it claimed from the Respondent (as defendant) the reliefs hereunder reproduced verbatim as follows:

“i, A declaration that by the auction sale conducted by M/S U.B.A. Plc. plaintiff is the beneficial owner of the property situate at No.5 Opposite GRA, Idah, covered by C of O No. 695 and a Deed of Legal Mortgage registered as No. 47 at page 47 in Vol. 1. Misc, at Lokaja, Kogi State Land Registry.

ii, An order of perpetual injunction restraining the defendant, her agents, privies, servants or whosoever acts for her form trespassing or further act of trespass on the plot of the plaintiff.

iii. General damages in the sum of N200, 00000 for acts of trespass and disturbance of the quiet possession of the plaintiff.

iv. Cost of this action

v. Any other legal or equitable remedy that meets the justice of this case. ”

The Respondent (as defendant) in her statement of Defence counter claimed. Hereunder are the counter claims verbatimly reproduced:

“i. The defendant avers that through a letter with ref No. AGOK/BPC/DII/01/2002 requested the tenant Mr. Daniel Peter to pay rent to it.

ii, The defendant /counter claimant avers that the plaintiff issued a receipt for payment of rent to the tenant for one year in the sum of N15, 000 00 (fifteen thousand naira only)

iii. The defendant hereby counter claim for the sum of N15, 00000 (fifteen thousand naira only)

iv. The defendant/claimant shall lead evidence that she is the bona fide owner of the building and entitle to the rent collected by the plaintiff from the tenant. ”