Alhaji Ganiyu Okikiade & Ors V. David Alalade (2012)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

STANLEY SHENKO ALAGOA, J.C.A (Delivering the Leading Judgment)

This is an appeal against the judgment of Bolaji Yusuff J. of the High Court of Justice Ibadan Oyo State in Suit No. 1/970/89 delivered on the 24th April 2006. In the said High Court below, the present Respondent as Plaintiff had by paragraph 19 of his Further Amended Statement of Claim dated 21st February 2002 at page 64 of the Record of Appeal claimed against the Appellants, then defendants as follows –

(i) Declaration of Statutory Right of Occupancy in favour of the Plaintiff in respect of the parcel of land contained in the Survey Plan No. FA/8145 prepared by A. O. Adebogun licensed surveyor and attached to the Plaintiff’s Deed of Conveyance registered as No. 7 at page 7 in Volume 2141 in Ibadan Lands Registry.

(ii) N250,000.00 (Two hundred and fifty thousand Naira) damages against the defendants jointly and severally for their continuing trespass on the plaintiff’s land.

SPECIAL DAMAGES

5,400 Blocks deposited on the land at N35 each – N189,000

15 loads of Gravel at N350 per load – N5,250

5 loads of sand at N250 per load – N1,250

TOTAL: – N195,550

GENERAL DAMAGES: N54,450

N250,000

(iii) Perpetual Injunction restraining the Defendants, their servants, agents or assigns from further entering on the land in dispute.

DATED at Ibadan this ……… day of … 2001.

SGD.