Bayo Aremu V. Daniel George Chukwu (2011)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

IBRAHIM MOHAMMED MUSA SAULAWA, J.C.A. (Delivering the Leading Judgment)

This is an appeal against the judgment of the Lagos State High Court, Lagos Judicial Division, holden at Lagos it was delivered by the Hon. Justice H.A.O. Abiru on January 16, 2007 in suit No. LD/1746/04. By the judgment in question, the lower court (i) dismissed the Respondent’s claim for a declaration that he is entitled to the right of occupancy over the land in dispute; (ii) awarded N50, 000 as damages for act of trespass on the land committed by the Appellant; (iii) made an order of perpetual injunction restraining the Appellant from disturbing the Respondent on the land in dispute; and (iv) dismissed the Appellant’s counter claim in its entirety. Thus, dissatisfied with the said judgment, the Appellant filed the original notice and grounds of appeal thereof in the lower court’s registry on April 13, 2007.

FACTS AND CIRCUMSTANCES GIVING RISE TO THE APPEAL

The facts and circumstances surrounding the appeal are discernible from the record of appeal. On October 8, 2004, the Respondent filed in the court below both a writ of summons and a statement of claim against the Appellant claiming ownership of parcel of land, known as plot 28 in Block XXV on Ojomo Chieftaincy family land, lgbo-Efon Lekki Peninsula, Lagos. By the amended statement of claim thereof, dated and filed in the lower court on January 25, 2406, the Respondent claimed against the Appellant the following reliefs –

1. AN ORDER of perpetual injunction against the Defendant, his servants, agent and or privies from assaulting, harassing, trespassing or in any way whatsoever from interfering and or disrupting the claimants peaceable enjoyment of the landed property known as plot 28 in Block XXV lying and situated at Igho-Efon, Lekki peninsula, Lagos and particularly described in survey plan No.
2. A Declaration that the claimant is entitled to the Right of occupancy over all that property known as plot 28 in block XXV lying and situated at Igbo Efon and more particularly described in survey plan No. AL/637/2001.
3. Damages in the sum of N1,000,000.00 for trespass against the Defendant.

On the other hand, the Appellant filed his statement of defence, wherein he denied the claim in its entirety. He also counter-claimed against the Respondent. By the counter claim incorporated in the statement of defence thereof, dated December 6, 2004, the Appellant (counter-claimant) sought the following reliefs:

1. A Declaration that the claimant is the person entitled to the statutory right of occupancy and possession of the parcel of land situate at Block XXV, plot 28, Igbo-Efon village Lekki, in Eti-Osa Local Government Area of Lagos State more particularly described in survey plan No. LAL/438/96 measuring 767749 square metres, drawn by L.A/ Animashaun, Licensed Surveyor.
2. An order of perpetual injunction restraining the Claimant, his agents and privies from further committing any act of trespass by erecting, constructing any building on the land in dispute or otherwise in any way disturb or interfere with the Defendant’s right over the land in dispute.
3. The sum of N1, 000,000.00 (One Million Naira only) being special and general damages against the Defendant/ Respondent his agents, servant and privies on the Defendant’s land.

Pleadings having been filed and served by the respective parties, the suit eventually proceeded to trial. At the conclusion of which, judgment was delivered by the learned trial judge on January 16, 2007, to the following effect –

In conclusion, judgment is hereby entered in this suit as follows:

i. The claimant’s claim for a declaration that he is entitled to the right of occupancy over that property known as plot 28 in Block XW tying and situated at Igbo-Efon, Lekki peninsula, Lagos and more particularly described in survey plan NO ALS/637/2001. fails and it is hereby dismissed.

ii. The Claimant is awarded the sum of N50, 000.00 as damages for the acts of trespass committed by the Defendant on the land in dispute.

iii. An order of perpetual injunction is hereby made retraining the Defendant, his servants agents and/or privies from assaulting, harassing or in any way whatsoever interfering and/or disrupting the Claimant’s peaceable enjoyment of the landed property known as plot 28 In Block XW lying and situated at Igbo-Efon, Lekki peninsula, Lagos.

iv. The counterclaims of the Defendant fail in their entirety and they are hereby dismissed.

v. The claimant is awarded the cost of this action assessed at N10, 000.00.

These shall be the orders of this Court.

Thus, as alluded to above, the instant appeal is a direct fall-out of the judgment of the lower court in question. The original notice and grounds of appeal filed on April 13, 2007, are contained at pages 236-246 of the Record of appeal. In the course of the pendency of this appeal, parties had filed and served their respective briefs of argument. The Appellant’s brief was initially filed on June 23, 2008 but deemed properly filed and served on November 11, 2009. The Respondent’s brief, on the other hand, was filed, apparently within the statutory time limit, on December 10, 2009. In response to the Respondent’s brief, the Appellant filed a reply brief on December 31, 2009 apparently out of time.