Alhaja Risikat Alade V. Christiana Adejumoke Sofolarin & Ors (2015)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

YARGATA BYENCHIT NIMPAR, J.C.A. (Delivering the Leading Judgment)

This appeal is against the judgment of the High Court of Lagos State presided over by HON. JUSTICE Y.O. YUSUPH delivered on the 14th day of March, 2000 wherein judgment was given in favour of the plaintiffs and aggrieved with the said judgment, the appellant who was 2nd defendant at the lower court appealed by filing an Amended Notice of Appeal dated 6th day of April, 2000 amended on the 25th April, 2007 pursuant to order of the court made on the 12th March, 2007 setting out 6 grounds of appeal.

The claim of the Respondents before the trial court as per their Amended Statement of Claim dated 13/7/94 states thus:

(i) A Declaration that the Plaintiffs are tenants of Alhaja Ashimowu Adepeju and/her administrators in respect of the piece and parcel of land lying, being and situate at Ishaga Ajibode Aga Village, Iju Agege Lagos State within the jurisdiction of the Honourable Court which is clearly delineated, shown edged and red and marked “A” on the survey plan annexed to the Deed of Lease dated 7th May, 1976 and registered as No. 53 at page 53 in Volume 1554 of the Lands Registry in the office at Lagos now Ikeja.

(ii) Perpetual injunction restraining the Defendants their servants and/or agents from entering and/or committing any or further acts of trespass on the said piece and parcel of land.

(iii) N300,000.00 (Three Hundred Thousand Naira) and N200,000.00 (Two Hundred Thousand Naira) special damages against the 1st and 2nd defendants respectively and N200,000.00 (Two Hundred Thousand Naira) general damages against the defendants jointly and severally.

The Appellant and one other were defendants at the trial to the claim of the Respondents herein. The Respondents alleged that their father got on to the land in dispute via a lease which was duly registered. Alhaja Ashimowu Adepoju happens to be the same vendor the appellant claims to have bought the land from.

The Respondents alleged that the lease was in 1973 while the Appellant said she bought the land in 1985. The matter went to trial and judgment was entered for the Respondents. Dissatisfied with the decision, the Appellant appealed to this court.

The Appellant filed her brief of arguments dated 15/9/2008 on the 22/9/08 and deemed on 20/11/08 and a reply brief dated 19/1/09 both adopted at the hearing of this appeal.

The Respondent’s brief dated 16/12/08 was filed on 19/12/08 and also adopted at the hearing of the appeal.

The appellant formulated 4 issues for determination as follows:

(1) Whether the learned trial Judge evaluated at all the evidence led by the parties at the trial and made correct findings of facts on the evidence led before him.

(2) Whether if the answer to the above is in the affirmative the learned trial Judge in entering judgment in favour of the Respondents herein was right to have relied on Exhibit L an unregistered lease agreement dated 26th of July, 1973 as creating an interest of 99 years in the land in dispute in favour of the Respondents’ father.

(3) Whether having regard to Exhibit K, the Deed of Lease dated 7th May, 1976 and registered as No. 53 at page 53 in Volume 1554 of the Lands Registry, Ikeja, Lagos, the Respondents as persons with limited interest in the land in dispute are entitled to an order of perpetual injunction.