Benjamin Odukwe & Ors v. Chief David Oderinde (2024)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

OKON EFRETI ABANG, JCA (Delivering the leading judgment)

This is an appeal against the decision of the High Court of Ogun State Ipokia Judicial Division dated 21/12/2018 coram Owodunni, J in respect of two consolidated suits to wit HCT/63/06 and HCT/64/2006.

The trial court dismissed the claims of the claimants and allowed the defendant’s counter claim. At the trial court the appellants claimed against the respondent as follows:

(i) A declaration that the claimants are the Assignees of the large parcel of land measuring approximately 3078.765 square meters situate lying and being at Idiroko Road Iyana Iyesi Area Ota and hounded with beacon Nos. OGAW920, OGAW921, OGAW923, OGAW924, as contained in survey No: ECE13/2001 prepared by Surveyor E. C. Eluwa and covered by certificate of occupancy No: 00002155 of 7/1/81 with effect from October 30th 2001 when the defendant executed a memorandum of transfer or sale of the said land in favour of the claimants and collected or received the agreed sum of money and thereafter put the claimants in possession of the said land.

(ii) An order of specific performance of the agreement between the claimants and the defendant entered into on 26th June, 2001 and 30th October, 2001 in respect of the assignment of the large parcel of land measuring approximately 3078,765 square meters situate lying and being at Idiroko Road Iyana Iyesi Area Ota and bounded with Beacon Nos: OGAW920, OGAW921, OGAW922, OGAW923 as contained in the survey.

(iii) An order of specific performance of the Agreement between the claimants and the defendant entered into on 26th June, 2001 and 30th October, 2001 in respect of the assignment of the Large parcel or portion of Land measuring approximately 3078.765 square meters situate lying and being at Idiroko Road Iyana Iyesi Area Ota and bounded with beacon Nos: OGAW920, OGAW921, OGAW922, OGAW923 as contained in survey No: ECE/3/2001 prepared by Surveyor E.C Eluwa and covered by certificate of occupancy No: 00002155 of 7/1/81 in which the claimants have been in possession since year 2001.

The defendant has failed and or neglected to execute a deed of assignment in favour of the claimants in respect of the said transaction in spite of the claimants’ repeated demands.

(iv) Pursuant to 2 above, an order directing the defendant to execute the Deed of Assignment the defendant had earlier promised to execute in favour of the claimants in respect of the land referred to above and obtain necessary consent from the appropriate authority in respect of the assignment in favour of the claimants.

(v) An order of perpetual injunction restraining the defendant his agents, servants or privies or anybody claiming through or under him however from interfering with the claimants’ use, possession or occupation of the parcel or piece of land measuring approximately 3078.765 square meters situate lying and being at Idiroko Road Iyana Iyesi Area Oto and bounded with beacon No: OGAW920, OGAW921, OGAW922, 0GAW923 as contained in survey No: ECE13/2001 prepared by Surveyor E.C. Eluwa and covered by certificate of occupancy No: 00002155 of 7/1/81 either by disturbing embarrassing and or intimidating claimants or the claimants’ tenants occupying the shops thereon or by alienating transferring, selling the said parcel of the land or any portion thereof or any other manner whatsoever.

The respondent as defendant counter-claimed against the appellants as claimants as follows:

(1) A declaration that there is no valid contract for the assignment of any part of the counter claimant’s land covered by survey plan No: FN2959 A & B or layout plan No: DY12/14/0G/2000 to the claimants.

(2) An order for the refund of or for the claimants to collect from the counter claimant the sum of 600,000.00 paid to the counter claimant by the claimants pursuant to negotiation for the assignment of interest in part of the counter claimant’s land which failed.

(3) In the alternative to claims (a) and (b) hereof a declaration that the negotiated contract for the assignment of part of the counter claimant’s land to the claimants is limited to any four out of plots Nos. 10, 11, 12,13 and 14 in the counter claimant’s plan No: DY 1214/OG/2000.

(4) An order of perpetual injunction restraining the claimants in this case either by themselves or their agents, privies or assigns or tenants from ever coming into any part of counter-claimant’s land (which have not been alienated to them) covered by any survey plan mentioned in paragraph (a) hereof or do anything whatsoever without the permission of the counter-claimant