Alhaji Ado Ibrahim & Company Ltd & Anor V. Eldestein (Nigeria) Ltd (2001)

LawGlobal-Hub Lead Judgment Report

A. BA’ABA, J. C. A.

This is an appeal against the judgment of Edo State High Court, sitting in Auchi Judicial Division, delivered on the 12/10/94. The action was founded on trespass of a piece or parcel of land, measuring 35.00 hectares located at Afokpella village, Etsako East Local Government Area, Edo State.

By its paragraph 19 of the amended statement of claim dated 25/11/93, at pages 107-108 of the records, the respondent as plaintiff claimed the following reliefs:-

(a) A declaration that the plaintiff company is entitled to possession of the piece or parcel of land, measuring 35.00 hectares located at Afokpella village, Etsako East Local Government Area, Edo State, covered by Quarrying License No. 21392, of 15/5/92 and any renewal thereof, and licences Nos. 21393 and 21394.

(b) A declaration that the plaintiff and its officials and employees are entitled to conduct its quarrying operations on the said piece or parcel of land, without any interference, disturbance or harassment by the 1st and 2nd defendants, either acting directly or through their servants, agents or privies during the validity of the Quarrying Licence Nos. 21392 of 15/5/92, and any subsequent renewal thereof, and licences Nos. 21393 and 21394.

(c) An order of injunction restraining the 1st and 2nd defendants from interfering, disturbing or preventing (either by themselves, their agents, servants or privies) the plaintiff company or any of its officials, from possession of and prosecution of their lawful duty of quarrying operations.

(d) As against the third defendant.

An order of injunction restraining the 3rd defendant either by himself or through his agents, servants, subordinates or privies from harassing, intimidating, disturbing or preventing the plaintiff and its officials, workers, contractors and licencees from occupying and carrying on their quarrying operations on the piece of land, situated at Afokpella village area, covered by quarrying licences Nos. 21392, 21393 and 21394.

(e) N20 million (twenty million naira) damages against the defendants jointly and/or severally arising from disruptions to the plaintiff’s operations by the defendants.

Pleadings were ordered, filed and exchanged. The respondent amended their statement of claim dated 25/11/93, while the appellants as defendants filed and relied on their statement of defence dated 4/10/93 at pages 77-82 of the records.

At the trial, in proof of its case, the respondent as plaintiff called seven witnesses, while the appellants who were defendants called two witnesses.

The learned trial Judge gave judgment in favour of the plaintiff/ respondent. It is against this judgment that the appellants have now appealed to this court.

With the leave of this court granted on 14/10/98, the appellant amended the original notice of appeal contained at pages 149-152 of the record.

Briefs were filed and exchanged. Learned Counsel for the appellant formulated three issues for determination: