Alhaji Aminu Jubrillah Abdullahi & Ors V. Mrs. Christiana Iyabo Adetutu (2019)
LAWGLOBAL HUB Lead Judgment Report
CHIMA CENTUS NWEZE, J.S.C.
At the High Court of Lagos State, Ikeja Judicial Division, [trial Court, for short], the plaintiff, Alhaji Jubrilla Abdullahi, on January 29, 1993, commenced Suit No. ID/216/93,against Mrs. Iyabo Adetutu and Alhaji Tijani Sanni. His reliefs against them were couched thus:
(a) Declaration that the plaintiff is the person entitled to Statutory Right of Occupancy in respect of a land situate, lying and being at Onipetesi, Idimango, Agege, Lagos State, which is more particularly described and delineated on Survey Plan No. AB/LA/86/311 prepared by. I. A. Babalola., 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
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and/or privies of the land in dispute.
On April 16, 1993, while the plaintiff’s Suit No. ID/216/93 was lis pendens, the defendant commenced Suit No. ID/855/93 against Rasheed Adetokunbo and James Ojo, the fourth and fifth appellants in this appeal. The reliefs in Suit No. ID/855/93 were for:
(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, annexed to the Deed of Conveyance granted to the plaintiff by Adetokunbo Bisiriyu dated 28th September, 1971 and registered as 55/55/1369.
(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 plaintiffs 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.
Sequel to the consolidation of the suits, they were transferred to Olu
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Akerele-Ayeni, J., who heard and determined them. The trial Court found for the plaintiff in Suit No. ID/855/93, [that is, the respondent in the instant appeal], who counter-claimed in ID/216/93. Dissatisfied with the judgement of the Court of Appeal, Lagos Division, [the lower Court, for short], which allowed the appeal in part, the appellants further appealed to this Court entreating it to determine their seven issues. The respondent equally formulated seven issues although couched in a more precise, succinct manner as envisaged by the Rules of Court.
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