Alhaji Aminu Jubrillah Abdullahi & Ors V. Mrs. Christiana Iyabo Adetutu (2012)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

I.M.M. SAULAWA, J.C.A. (Delivering the Leading Judgment)

This is an appeal against the judgment of the High Court of Lagos State, which was delivered on March 8, 2000 in consolidated suits. Nos.ID/216/93 and ID/855/93 between the respective parties. Dissatisfied with the said judgments, the Appellants filed the notices of appeal thereof, dated 01/6/2000.

However, with the leave of court granted on 30/6/09, the Appellants filed an amended notice of appeal on 07/7/09.

FACTS AND CIRCUMSTANCES SORROUNDING THE APPEAL:

It is evident from the records of appeal, that on 29/01/93 one Alhaji Jubrilla Abdullahi had filed a suit No. ID/216/93 in the High Court of Lagos State, Ikeja Judicial Division against Mrs. Iyabo Adetutu and Alhaji Tijani Sanni clamming the reliefs:

a) Declaration that: the Plaintiff is the person entitled to Statutory Right of Occupancy in respect of a land situate, lying and being at Ontipetesi, Idimango, Agege, Lagos State which is more particularly described and delineated on Survey Plan No. AB/LA/86/311 prepared by I.A. Babalola, Esq. Licensed Surveyor on the 23rd day of September, 1986.

b) A sum of N500,000.00 (Five Hundred Thousand Naira) being special and general damages for trespass being committed by the Defendants who recently have been harassing and disturbing the possession, occupation and control of the vast area of land by the Plaintiff.

c) Perpetual injunction restraining the Defendants, their servants, agents and/or privies from continuing with their acts of molestation and harassment of the Defendants, their servants, agents and/or privies of the land in dispute.

However, in the course of the pendency of the said suit No. ID/216/93, the Defendant therein filed a suit No. ID/855/93, on 16/4/93 claiming the following reliefs against the present 4th and 5th Appellants:

(1) a declaration that the Plaintiff is entitled to the statutory right of occupancy in respect of the land situate lying and being at Onipetesi, Agege, Lagos, which is delineated on Plan No. CD. 52/71 dated 2nd March, 1971 by Adetokunbo Bisiriyu dated 28th September, 1971 and registered as 55/55/1969.

(2) the sum of N750,000.00 being special and general damages for the trespass to the land committed by the Defendants and for the damage to and destruction of the Plaintiff’s plantation, cash crops, buildings, machineries, generator, wall-fence and iron gates on the land and;

(3) perpetual injunction restraining the Defendants, their servants agents or privies from any further act of trespass on the said land.

On 20/6/95, the two suits in question were consolidated by the Hon. Justice Olorunnibe, but later transferred to the Hon. Justice Oni Akerele-Ayeni. The two consolidated suits proceeded to trial. At the conclusion of which, judgments were delivered on 08/3/2000 by Akerele-Ayeni, J. Regarding suit No. ID/855/93, Judgment was delivered in favour of the Respondent (Plaintiff) to the following effect:

In all, I am satisfied that the Plaintiff in suit No. ID/855/93 has established her title to the land in dispute by credible evidence of numerous acts of ownerships and possession over a period of time as well as documentary evidence of title. I hold that exhibit D8 which was not registered cannot defect the interest of the Plaintiff whom I hold to be a bonafide purchaser for value of the interest of any of the Defendants.