Alfa System Company LTD & Ors V. Keji Orisajimi & Ors (2016)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

MOJEED ADEKUNLE OWOADE, J.C.A. (Delivering the Leading Judgment)

This is an appeal against the judgment of Honourable Justice W. R. Olamide of the High Court of Justice, Ondo State of Nigeria Holden at Ondo delivered on the 25th day of June, 2014.

The Appellants as Claimants instituted this action in the Court below by a Writ of Summons and Statement of Claim on 7/8/2006.

The Appellants/Claimants Statement of Claim was subject to various amendments culminating into the 4th Further Amended Statement of Claim dated 16th day of July, 2013 but filed on 22nd day of July, 2013.

Whereof in the said document, the Claimants claim as per their Writ of Summons to wit.

45. Declaration of Title to the Warehouse situate at Block 11, Plot 9, Dosekun lay-out, Adeyemi College Road, Ondo in Ondo West Local Government Area.
46. Specific performance of the oral and written agreement entered into sometime in June/July 2006 by the Defendants with the Plaintiffs and for conveyance and delivery of possession of Block 11, Plot 9, Dosekun Layout and all other document relating to the said warehouse to the Plaintiffs.
47. General Damages of N1, 500,000,000.00 (One Million, Five Hundred Thousand Naira Only).
48. An order of perpetual injunction restraining the Defendants, their agents, assignees or whosoever claiming through them from exercising any right on or over Block 11, Plot 9, Dosekun Layout, Adeyemi College Road, Ondo, Ondo West Local Government Area otherwise known as the Warehouse to the detriment of the Claimants.

The final response by the Respondents?Counter-Claimants to the above final process of the Appellants Claimants is the 1st Further Joint Amended Statement of Defence and Amended Counter-Claim of the 1st – 13th. Defendants filed on 29/7/2013. Therein the 1st – 13th Defendants (later 1st – 12th Defendants, consequent on the demise of one of the Defendants) Counter-Claimed in paragraph 42 as follows:-

42. Whereof the 1st – 13th Defendants/Counter Claimants claim against the Claimants as follows;

a. A Declaration that by the operation of law the 13th Defendant is the person entitled to re-possess the Warehouse at Adeyemi College Road, Ondo from the Claimants at the expiration of their tenancy/leasehold which has come to an end on 20th

day of February, 2007 and same to be handed over to the 13th Defendant who is the owner by purchase.

b. An order of Court restraining the Claimants by themselves, agents and privies from disturbing the 13th Defendant/Counter Claimant from exercising his rights of ownership over the said property.

c. An order of the payment of the sum of N3,600,000.00 being the rents of the Warehouse incurred by the Claimants from 21st day of February, 2007 to 21st day of February, 2012 at the rate of N600,000.00 per annum and mesne profit thereafter until possession of the Warehouse is delivered by the Claimants to the 13th Defendant being the owner of the property by purchase.

The Claimants/Appellants did not on account of the above mentioned process by the Respondents Counter Claimants make any further amendments to their Amended Reply to Statement of Defence and Defence to Counter Claim dated and filed on 25/2/2013.

Upon the conclusion of the pre-trial conference in the Court below, hearing commenced on 14th November, 2013. The 3rd Appellant Claimant gave evidence and the Claimants called five other witnesses while the Respondents called four witnesses.<br< p=””

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The summary of the case of the Appellants Claimants from their pleadings and evidence is that they were the lessees/tenants and occupiers of the property in dispute and were let in possession by the deceased father of the Respondents. That at the time of the commencement of their lease of the premises, the property in dispute was in very bad shape and that with the consent of the late father of the Respondents, their original land lord they expended a sum of N829,000.00 (Eight Hundred and Twenty Nine Thousand Naira Only) to renovate the property now in dispute for their needs and to satisfy their own requirements.