MTN Nigeria Limited v. Lamido Maikasuwa Ladan & Ors (2024)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

BIOBELE ABRAHAM GEORGEWILL, JCA (Delivering the leading judgment)

This is an appeal against the ruling of the High Court of Nasarawa State, Lafia Division, Coram: Hafsat T. Sanda J, in suit No. NSD/LF105/2021: Lamido Maikasuwa Ladan v. IHS Nigeria Limited & Anor delivered on 30/11/2022, in which the preliminary objection of the appellant challenging the competence of the 1st respondents suit was dismissed for lacking in merit.

The appellant, who was the 2nd defendant before the lower court, was peeved with the said ruling of the lower court and had promptly appealed against it vide its notice of appeal filed on 13/12/2022 on Four grounds of appeal. See pages 346 – 351 of the record of appeal.

The record of appeal was compiled and transmitted to this court on 10/1/2023. The parties filed and exchange their briefs, namely; the appellants brief, the 1st respondents brief, and the appellants reply brief. The 2nd respondent did not file any brief.

The appeal was heard on 25/1/2024. The appellant was represented by Ogechi Ogbonna SAN, appearing with Bossan Swanta Esq., who adopted the appellants brief and reply brief as their arguments and urged the court to allow the appeal.

The 1st respondent was represented by J. A. Kigbu Esq., who adopted the 1st respondents brief as their arguments and urged the court to dismiss the appeal. The 2nd respondent was represented by A. E. Sani, Esq.

By a writ of summons, and statement of claim filed on 2/11/2021, before the lower court, the 1st respondent as claimant had claimed against the appellant and the 2nd respondents as defendants the following reliefs, to wit:

1. A declaration that the plaintiff is the rightful owner of the piece of land measuring 0.474 hectares and more particularly about 272.2 Sq. Meters (55/55 feet) occupied by the defendants situate at Keffi/Abuja Federal Road, beside water reservoir Akwanga, Nasarawa state.
2. A declaration that the several and continuous acts of the defendant’s entry into his land and constructing and installing their mast and other utilities is an unlawful act of trespass and actionable per se.
3. A declaration that the plaintiff is entitled to damages as a result of the complete destruction of his two-bedroom apartment valued N5,437,000. 00 by the fall of two heavy concrete electric polls of the defendants.
4. An order of the court directing the defendants to pay the accrued rents to the plaintiff for the period of 19 years of running business in his land at N28,000,000.00.
5. An order of the court directing the defendants to vacate and evacuate completely from his land and return it to status quo.
6. General and aggravated damages of one N1,000,000,000.00 for unabated mental torture, trauma, distress, suffering and deprivation.
7. An order of perpetual injunction restraining defendants, agents, servants, privies or who so ever from further trespassing grading, bulldozing, constructing or excavating his land.
8. The cost of filing and prosecuting this suit at N1,500,000.00.
9. Ten percent post-judgment interest. 29-30 of the record of appeal.

In response, the 2nd respondent, the 1st defendant before the lower court, had by its statement of defense/counter – claim filed on 13/12/2021, claimed against the 1st Respondent the following reliefs, to wit:

1. A declaration that the 2nd defendant is the beneficial owner of the plot, subject matter of this suit, having purchased same from Ishaya Nelu.
2. A declaration that the lease hold between MTN Nigeria Communications Ltd, and INT Towers Limited is valid and subsisting.
3. A declaration that the 1st defendant/counter – claimant is entitled to the quiet possession, occupation and use of the property subject matter of this suit, vide the lease agreement executed between MTN Nigeria Communication Ltd and INT Towers Ltd.
4. An order of court restraining the plaintiff, his agents, privies and or any person however described from interfering with the quiet possession, enjoyment and use of the portion of the land subject matter of this suit by the 1st defendant/counter – claimant.
5. An order of court awarding exemplary and general damages of N5,000,000.00 in favor of the 1st defendant/counter-claimant against the plaintiff.
6. 10% interest per annum on the exemplary and general damages of N5,000,000.00
7. The cost of this suit.

Brief statement of facts

The 1st respondent, as claimant had by his statement of claim filed on 2/11/2021 before the lower court, claimed several reliefs, including declaration of title to land, order of injunction and damages against the appellant and the 2nd respondent, as defendants. See pages 19 -32 of the record of appeal.

The appellant, as 2nd defendant before the lower court, filed its memorandum of conditional appearance, statement of defense on 17/1/2022, and a notice of preliminary objection on 14/2/2022, challenging the 1st respondents suit for being statute barred. See pages 217 – 232 and 310 – 311 of the record of appeal. And its statement of defense.

The 1st respondent filed a response to the appellants preliminary objection on 9/5/2022. See pages 286 – 298 of the record of appeal. In response, the appellant filed its reply on points of law.

See pages 312 – 319 of the record of appeal. On 9/5/2022, the 1st respondent filed its reply to the appellants statement of defense. See pages 294 – 311 of the record of appeal.

By the notice of preliminary objection filed on 14/2/2022, the appellant prayed for the following reliefs, to wit: