Alhaja Sobalaje Eleran & Ors. V. Dr. Atiku I. Aderonpe (2008)

LawGlobal-Hub Lead Judgment Report

HELEN MORONKEJI OGUNWUMIJU, J.C.A.

This is an appeal against the judgment of Hon. Justice J. F. Gbadeyan sitting at Ilorin High Court Kwara State delivered on 30/11/2006.

The facts which led to this appeal are stated as follows:

The Respondent as Claimant instituted this action culminating in this appeal. By the endorsement on the Writ of Summons, the Respondent claimed the following reliefs against the Appellants at the lower court.

“WHEREOF the Claimant claims against the Defendants jointly and severally are as follows:

(1) A declaration that with the offer, and acceptance coupled with the payment of consideration in full he acquires title to and a vested Right in commercial Plot 9 TPS/MISC168 along Ajase-Ipo Road, Ilorin.

(2) A declaration that the 1st Defendant’s act of going unto commercial plot 9 TPS/MISC 168 Ajase-Ipo Road, Ilorin in a manner adverse to the Claimant’s title and vested Right is illegal and in trespass.

(3) General damages of #5m for the trespass committed by the 1st Defendant on the Claimant’s land aided by the 2nd and 3rd Defendants.

(4) A declaration that the Claimant is entitled to Statutory Right of Occupancy over Plot 9 TPS/MISC 168 along

Ajase-Ipo Road, Ilorin.

(5) Perpetual Order of Injunction restraining the Defendants by themselves, Agents, Servants and privies from committing further acts of Trespass on the Claimant’s land of going unto the land for any purpose whatever.”

The Respondents’ evidence accepted by the lower court was that he applied for allocation of commercial plot within the Government laid out plot along Ajase-Ipo Road, Ilorin designated TPS/MISC/168 and was allocated plot 9 by a letter dated 17th April, 2005.

Thereafter, the Respondent met all payment considerations on 26/4/05 and was given a layout plan denoting his commercial plot 9 on TPS/MISC/168. The then Commissioner instructed that he be taken to the plot of land and he was given a plan showing the land in dispute which was admitted as Exhibit 6 at the lower court. Thereafter a dispute developed on the plot between the 1st Appellant and the Respondent with each claiming the same plot. The parties were invited to appear before the Land Use Allocation Committee on 22/11/05 to settle the matter. The Respondent sent his agent one Chief Jacob O. Alere. The Committee adjourned matters for eight days after hearing the parties and instructed them to do nothing on the land until the Committee’s decision was made known. The 3rd day, on 24th November, 2005, the 2nd Appellant a new Commissioner for Lands informed the Respondent’s agent that he had authorized the 1st Appellant to start developing the land. The Respondent refused to accept the new Commissioner’s decision claiming it was unilateral and an abuse of power.

The Appellants claimed that the 2nd Appellant discovered an error in the numbering of the layout and had to renumber the layout. A new plot was then allocated to the Respondent which the Respondent refused to accept. They claimed that the 1st Appellant had paid all fees in respect of the plot by March 2005 and she was issued Statutory Right of Occupancy No. KW14389 in respect of the same plot on 14/12/05.