Alhaji B. Jawando & Ors V. Madam Falilat Lawal Bakare (2006)

LawGlobal-Hub Lead Judgment Report

SOTONYE DENTON-WEST, J.C.A.

This is an Appeal against the judgment of the High Court of Lagos State in Suit No. ID/872/95 by His Lordship Kekere Ekun J. (as he then was.), delivered on the 16th day of February, 1999.

The Appellants who were the Plaintiffs in the lower Court claimed in that Court as per the Statement of Claim for:

1. A declaration that the Plaintiffs are entitled to the Customary Statutory Right of Occupancy to all that Piece or parcel of land which part of the land is more particularly described and detailed on Survey Plan Number. LAT/3382/3380/L/82 & Plan No. LAT/3381/L/82 & Plan n No. LAT/3382L/82 both dated 17th day of November, 1982 drawn by one Ademola Ashipa a Licensed Surveyor, the land being at Okunola Village, Egbeda now in the Alimosho Local Government Area of Lagos State and which Piece or parcel of land is known to the parties in this Suit.
2. N5,000:00 being general damages for trespass committed by the Defendants, their Servants, Agents and or Privies on the said land.
3. Perpetual injunction restraining the Defendants By themselves, their Servants, Agents or Privies From further committing any act of trespass on the said land.

The Defendant in the lower court who is the Respondent herein counter claimed against the Appellant for;

34. WHEREUPON the Defendant counter claim for:-

(A) A declaration that the Defendant is the owner and person entitled to statutory right of occupancy over and in respect of the land in dispute situate, lying and being at Okunola Village via Egbeda in the Alimosho Local Government Area of Lagos State

(B) N250, 000.00 against the plaintiffs (All and singular) for trespass upon the Defendant’s land, the subject matter of this action.

(C) An Order of perpetual injunction restraining the plaintiffs (All and singular) by themselves, Servants, Privies, Assigns, or otherwise howsoever From entering upon the said land and from Committing any further acts whatsoever, disturbing the Defendant’s possession.

At the trial Court, the Appellants called thirteen witnesses, (the Appellants themselves being PW1 & 2) and tendered six Exhibits; P1-P6 in support of their case. The Respondent called two Witnesses and tendered four Exhibits; D1-D4.

Judgment was delivered at the trial Court on the 16th day of February, 1999 in favor of the Respondents who were the Counter Claimants in that Court. The claims of the Appellants against the Respondent failed in the lower Court, while the claims of the Respondent as per His Counter Claim succeeded against the Appellants.

In His Judgment, Kekere-Ekun J. of the High Court of Lagos State (as he then was) found for the Counter Claimant thus;

Placing the evidence of the Parties on an imaginary scale. I find that the scale tilts in favor of the Defendants herein whose evidence was clear, unambiguous and credible and unshaken under cross examination as opposed to the evidence Plaintiff’s Witnesses which were full of inconsistence and contradictions and at times clearly against the interest of the Plaintiffs. I am satisfied from the evidence of the Defendants that the Plaintiffs have trespassed on the Defendant’s land as contained in Exhibit D1.

The Defendant’s Counter Claim therefore succeeds.

It is hereby declared:-

(a) That the defendant on behalf of the Aro Chieftaincy family is the owner and person entitled to a Statutory Right of Occupancy over and in respect of the land in dispute, situate, lying and being at Okunola Village via Egbeda in the Alimosho Local Government Area of Lagos State as shown in Exhibit D1 (Survey Plan No. LAL/056/93 dated 9th June, 1993).