Adeyemi Works Construction (Nigeria) Limited V. Evangelist Isaac Omolehin (2003)

LawGlobal-Hub Lead Judgment Report

PATRICK IBE AMAIZU, J.C.A.

This is an appeal against the ruling of Ajayi, J. of the Kwara State High Court, sitting at the Ilorin Division of the court. The ruling was delivered on the 27th day of June, 2002. The appeal is sequel to a motion on notice praying the court for:-
“1. An order of injunction preventing the defendant/respondent from further trespassing on the plaintiff’s landed property and vacating his activities from the building of the applicant, situate and being at Nos. 17- 21 Ajasse Ipo Road, Ilorin and which is the subject matter of the present action before this honourable court pending the determination of the substantive suit.

2. An order of injunction restraining the defendant/respondent from tampering with, developing or altering the form of the subject matter of the present action pending the determination of the substantive suit.

3. And such order or further order/s as this honourable court may deem fit to make in the circumstance.”

Briefly, the facts which led to this appeal so far as they are material to the question which calls for our determination are, – the plaintiff in the substantive suit brought an action against the defendant.

In the said suit, he claimed damages and an order for perpetual injunction restraining the defendant, his agents, servants and privies from trespassing on its premises.

When the defendant was served with the writ of summons, he entered a conditional appearance. The court had to hear the motion for injunction and damages first.

The motion is supported by an affidavit of 22 paragraphs. I consider the following paragraphs relevant. They are:-
“2. That the plaintiff/applicant company is the bona fide and uncontroverted owner of the landed property and several buildings some of which have been erected over twenty years ago, lying and situate along Ajasse-Ipo Road, Ilorin and covered by a duly signed certificate of occupancy.

3. That none of the properties have (sic) been transferred/conveyed to the respondent.

4. That the respondent/defendant has trespassed into the landed property of the applicant company.

5. That the respondent has continued his trespass despite oral and written warnings to desist from such acts.

6. That the respondent without the prior knowledge or consent of the applicant demolished the fence to the applicant’s premises.

7. That the respondent has annexed a hall, one of our buildings which he now uses as children’s auditorium and inspite of repeated demands to vacate the building refused to do so etc.”

The defendant reacted to the above averments by filing an affidavit in opposition. The relevant averments in the said affidavit are:-
“3. That it is not true that I have unlawfully been in possession, occupation and use of an expanse of land measuring about 17 plots of land behind the plaintiff/applicant’s properties, but that the Word Commission International, a registered body with a Board of Trustees, had been let into and put in possession by the plaintiff’s Managing Director Rev. Segun Adeyemi, since 1997.