H.R.M. Oba Rilwan Oluwalambe Taiwo & Anor. V. Mr. Isaac Akinbolaji & Anor. (2010)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

ADZIRA GANA MSHELIA, J.C.A. (Delivering the Leading Judgment)

The Respondents were the claimants in suit ID/727/2005 at the High Court of Lagos State in which suit the respondents claimed against the defendants now appellants in the statement of claim paragraph 43 as follows:-

(i) A declaration order that the property No.1 Okegbenro Street, Jankara, Ojokoro Lagos State belongs to the 1st claimant who legitimately bought same from the rightful owner.

(ii) A declaratory order that the 1st claimant of statutory right of occupancy under the Land Use Act Cap 2002 Laws of the Federal Republic of Nigeria 1990 in respect of the land or parcel of land in dispute which is property No. 1, Okegbenro Street, Jankara, Ojokoro Lagos State.

(iii) A declaration that any purported purchase by the 2nd defendant of the land in dispute from the 1st defendant or any other person is illegal, unlawful null and void and of no effect whatsoever.

(iv) A declaration that any sale or purported sale of the said land by the 1st defendant is illegal, unlawful, null and void and of no effects whatsoever.

(v) An order of perpetual injunction restraining the defendants, their Agents and or servants from further entry and committing further acts of trespass and waste on the land in dispute.

(vi) ?47,000,000.00 as both special and general damages against the defendants jointly and severally for trespass and wanton destruction of the claimants and that of their defendants properties on the land in dispute.

Particulars of Special Damages.

(a) Cost of the 2nd claimant’s tools in trade carted away by the 1st defendant. – N1,000,000.00

(b) Cost of the 2nd claimant’s personal effects – N1,200.000.00.

(c) Cost of claimant’s wife and children personal effects – N1,720,000.00.

(d) Cost of 1st claimant’s wife and children personal – N5,000,000.00

Effects carted away by the defendants.