Alexander Babatunde Fakayode V. Adeniran Adeniyi & Anor (2016)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

MONICA BOLNA’AN DONGBAN-MENSEM, J.C.A. (Delivering the Leading Judgment)

The Appellant has appealed against the decision of the Oyo State High Court of Justice Coram Hon. Justice M. O. Bolaji-Yusuf (J) (as he then was) sitting in Ibadan. The Judgment was delivered on 27th January, 2011 and is at pages 124 to 151 of the records.

A brief summary of the suit which led to this appeal is as follows:

The Appellant’s amended Writ of Summons upon which trial proceeded was dated 7/11/2005. The Respondents’ Statement of Defence was dated 6/3/2006 and filed on 8/3/2006. The prayers of the appellant are contained in paragraph 17 of the amended Statement of Claim at page 31 of the Record of Appeal and are as follows:-

(1) The sum of N10,000,000.00 (Ten million Naira) representing exemplary and aggravated damages for trespass on and damage to the Plaintiff’s land at No. 19 Akinsenwa Street, New Bodija, Ibadan Oyo State of Nigeria (which land is also known as Plot No. “DZ” in Block XX housing Corporation Bodija/Extension, Ibadan Oyo State) by the defendants which acts of trespass commenced in or about 1996.

(2) An order that the

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Defendant do forth with pull down and remove all their illegal structure and buildings built on the said land and vacate the same forth with, and

(3) An order of perpetual injunction to restrain the defendants whether by themselves or by their servants or agent or any other person claiming through them or otherwise however from thereafter further trespassing on and using the Plaintiff’s land at 19 Akinsenwa Street, New Bodija, Ibadan Oyo State of Nigeria.

On the other hand, the Respondent’s 29 paragraph Statement of Defence is contained at pages 24 to 27 of the Records of Appeal.

The Appellant was claimant at the High Court while the Respondent were the Defendants. They shall each be referred to simply as the Appellant and the Respondents. The record for this appeal was transmitted to this Court on the 26/08/11.

At the trial of this suit as reflected in the record for this appeal, the Appellant testified personally and tendered 4 Exhibits marked as Exhibit A, B-B8, C and D. Exhibit A, B-B8, C were tendered during his evidence-in-chief while Exhibit D was tendered under cross examination.

The 1st Respondent testified on behalf of the

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