Alade Global Link Nigeria Limited v. The Incorporated Trustees Of The Deeper Christian Life Ministry & Ors (2025)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

UWABUNKEONYE ONWOSI, JCA (Delivering the leading judgment)

This is an appeal against the judgment of the High Court of Ogun State, sitting at Abeokuta Judicial Division delivered by Honorable Justice Olarewaju Mabekoje on the 5th day of April, 2019, in suit No: AB/15/2013 wherein the judgment was in favour of the respondents.

Dissatisfied with the decision, the appellant filed a notice of appeal on the 20th day of June, 2019, setting out six (6) grounds of appeal.

The facts birthing this appeal can be summarized thusly, the appellant (claimant at the court below) instituted this suit at the trial court over the ownership of the parcel of land measuring approximately 9113.170 square metres (2.251 Acres) situate, lying and being at Orimerunmu via Pakuro along Lagos/Ibadan Expressway, Obafemi Owode Local Government Area, Ogun State.

The herein appellant claimed that he purchased the parcel of land from the representatives of the Thomas Abaoba Family of Orimerunmu Village.

It was on that ground the appellant commenced the action at the lower court by writ of summons accompanied with the statement of claim, statements on oath of witnesses, list of witnesses and list of documents all dated and filed on the 21st day of January, 2013.

The statement of claim was subsequently amended with the leave of the court ending with the 2nd amended statement of claim dated 14th December, 2016. In paragraph 37 of the said 2nd amended statement of claim, the appellant claims against the respondents as follows:

i. A declaration that the Certificate of Occupancy No. 0032681 registered as No. 52, Page 52, Volume 9 75 in the register of deeds kept at the Land Registry Office of Ogun State issued to the Claimant by the Ogun State Government of Nigeria is valid, extant, subsisting, existing and validly issued pursuant to the Land Use Act.

ii. A declaration that the entry into the claimant (sic) Landed Property covered by the aforesaid Certificate of Occupancy by the defendants without the consent of the claimant constitutes an act of trespass.

iii. The sum of N5,000,000.00 (Five Million Naira Only) against the 1st defendant being special and general damages for trespass committed through the acts of the 2nd and 3rd defendants who are the agents of the 1st defendant on the parcel of land covered by the aforesaid Certificate of Occupancy measuring approximately 9113.170 square meters, situate, lying and being off Lagos-Ibadan Expressway, Orimerunmu Village, Obafemi Owode Local Government Area of Ogun State edged RED on Survey Plan No: LC 6567 (OG) dated 28/04/2011 and demarcated with Beacon No. PBL 6058-PBL 6062 (all inclusive) and attached to the instrument registered as No. 52, Page 52, in Volume 759 (Certificate of Occupancy) of the Lands Registry in the Office at Abeokuta.

Particulars of special damages

(a) 7,500 9″ by 9″ sand Crete block @ cost of N160 per 1 N1,200,000.00.

(b) 750 bags of cement @ N2,000 per bag – N1,500,000.00.

(c) 2 Tons of Iron @, N160,000 per ton – N 320,000.00.