Chief Senator Remi Okunriboye V. Chief Kofo Adeyemi Osuma (2016)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

MOHAMMED AMBI-USI DANJUMA. J.C.A. (Delivering the Leading Judgment)

This is an appeal against the decision of the High Court of Ondo State which was delivered at Owo on 6th May, 2013 dismissing the plaintiffs claims in its entirety and granting the counter – claims of the defendant, thereat.

PRECIS OF THE FACTS LEADING TO THIS APPEAL

The appellant claimed to have been granted a piece of land by the 2nd defendant/2nd respondent’s father in 1992, whereat he erected the foundation of a shopping complex. Whilst laying the foundation, the 2nd respondent’s father PW1, PW2 and other Osuma family members were alleged to be in attendance. He was then at the Senate in Abuja.

The Senate and all democratic structures were then sacked following the Abacha coup; the appellant could not continue with his building project on the land.

The 2nd respondent’s father died in 1995 and then he – the 2nd respondent stepped into his father’s shoes as the Osuma IV. 2nd respondent sued the appellant over this land with 6 other persons. The Suits were amicably settled out of Court with the other parties and that involving the appellant was withdrawn. The

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appellant claims that it was a withdrawal necessitated by the explanation to the 2nd respondent as plaintiff then that, that land had been granted to the appellant’s and re-granted in affirmation to him by the respondent’s father before his death

In 2008, the respondent purported to sell the land to 1st and 3rd defendants at the trial and who claimed to have erected structures on the land which were demolished.

The present appellant, as plantiff at the trial Court had sued in respect of the land and had claimed as follows:

1. A declaration that the defendants are trespassers on the land in dispute verged red more clearly delineated in the dispute survey plan——

The 2nd defendant now respondent counter – claimed against the plaintiff now appellant as follows:-

1…………..

The respondent raised some points of preliminary objection to the appeal in his brief of argument thus:

”A. Parties to this appeal are different from the parties at the trial Court.