Bello Ogunyemi & Anor V. Jimoh Oloyede (2008)

LawGlobal-Hub Lead Judgment Report

HELEN MORONKEJI OGUNWUMIJU, J.C.A.

This is an appeal against the ruling of Hon. Justice M. A. Agbelusi of the Ido-Ekiti High Court Ekiti State delivered on 7th June 2006.

The facts that led to this appeal are as follows:

The Plaintiff now Respondent filed a writ of summons on 16/3/06 at the High Court and made the following claims:

“1. DECLARATION that the Plaintiff is entitled to Certificate of Customary Right of Occupancy to that property A house (bungalow of 6 rooms) with the boys quarters of 4 rooms and appurtenances attached thereto situate, lying and being at NO.4 Isalu Street Osan-Ekiti in Moba Local Government of Ekiti State.

The house is bounded as follows:

(a) First side Otun/Ora road

(b) Mr. Adeleke

(c) Oke Imole road/Mr. Ogunkayo Adeyemi and

(d) Fourth side Olayemi

2. FORFEITURE of Defendants’ right to continue to occupy the 3 rooms granted to them rent free in the above house.
3. N100,000.00 for trespass
4. N500,000.00 special damages for:

(a) N100,000.00 rent collected by them from Tenants from 2002 till present.

(b) N100,000.00 for tons of cement, several loads of sharp and soft sands and several molded blocks which the Plaintiff parked on the land and was prevented from using.

(c) N200,000.00 for the frustration of the contractual agreement between the Plaintiff and his building contractors.

5. Perpetual injunction restraining the Defendants by themselves, their Agents, Servants, Administrators, Heirs Agents and Assigns and whosoever claiming through their from committing further acts of trespass on the said property. ”

On 4/4/2006, the Appellants filed an application for an order striking out suit HID/5/2006 which they claimed was filed as an abuse of the court’s process. The lower court took the argument on the application on 9/5/2006.