Prophet J. B. Kumoluyi & Ors v. Mrs. Oluremi Joshua & Ors (2024)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

BINTA FATIMA ZUBAIRU, JCA (Delivering the leading judgment)

This is an appeal against the judgment of the High Court of Justice, Ogun State sitting at Sagamu and delivered by Hon. Justice Tajudeen A. Okunsokan on the 13th day of July, 2018, in suit No: HCS/191/2015 wherein the judgment was in favor of the respondents on the 5th day of November, 2015.

The 1st and 2nd respondents instituted a suit by a writ of summons against the appellants and the 3rd and 4th respondents were joined in the suit by an order of the lower court made on the 10th day of May, 2016.

By the 1st and 2nd respondents amended writ of summons and statement of claim dated 16th day of May, 2016 but filed on 23rd day of May, 2016, the 1st and 2nd respondents sought against the appellants and 3rd and 4th respondents the following reliefs:

a. A declaration that the 1st Claimant is the owner and therefore entitled to statutory rights of occupancy in respect of all that parcel of land measuring approximately 2.394 SQ.M (00.631 Acres) and Verged Yellow in Survey Plan No. OG/1616/2015/LID-06.

b. A declaration that the 2nd claimant is the owner and therefore entitled to statutory rights of occupancy in respect of all that parcel of land measuring approximately 2.687 SQ.M (00.671 Acres) and Verged Green in Survey Plan No. 0G/1616/2015/LID-06.

c. Particulars of special damages

The values of the economic trees destroyed by the 1st and 2nd defendants are:

i. Each tree of 60 Mango Trees cost N3,000 each per year valued N180,000;

ii. Each tree of 70 Trees of Citrus/Orange cost N4,000 per year valued N280,000;

iii. Each tree of 100 palm Trees at the rate of N8,000 per year valued N800,000;

iv. Each tree of 50 Kolanut Trees at the rate of N12,000 per year valued N600,000;

v. Each tree of Hundreds of Pineapple at the rate of N500 per year valued N50,000;

vi. Each tree of 60 Banana Trees at the rate of N1,000 per year valued N60,000;