Alhaji Garba Olowo V. Kwara State Investment And Development Company (2012)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

PAUL ADAMU GALINJE, J.C.A.: (Delivering the Leading Judgment)

By a writ of summons and a statement of claim both filed on the 28th of May 2010, the Appellant herein claimed against the Respondent the following reliefs:-

I. A declaration that the claimant is entitled to all that piece or parcel of land at Oke Sunna (Gbakan) village bounded in the North by the Nda Village land and in the South with Adewole Area, Ilorin, Kwara State.

II. A declaration that the purported acquisition of the claimants said land by the Defendant is illegal, unconstitutional null and void.

III. A declaration that the Defendant is a trespass on the Claimant said land.

IV. The sum of N500,000.00 being special and general damages for trespass committed by the defendant for wrongful and unlawful entry of the claimant’s land situate, lying and being at Adewole Housing Estate Area, Ilorin, Kwara State.

V. A perpetual injunction restraining the Defendant, its agents servants and/or any person or persons claiming through it or any of them from continuing with the aforementioned act of trespass.

The claims were front loaded with the statement on oath of the Appellant and a list of document to be relied upon during the trial.

The Respondent, who was the Defendant at the lower court, filed a memorandum of appearance on the 16th of July, 2010 and thereafter it filed a statement of defence of twenty paragraphs. Attached to the statement of defence is a statement on oath of the defence witness, Baba Abdulrahaman and a list of documents to be tendered in evidence at the trial.

In reaction to the statement of defence the Appellant filed a reply to the statement of defence on 6th August, 2010.

Issues having been joined and after a pre-trial conference, the learned trial judge heard the parties finally on those issues settled at the pre-trial conference. At the end of the trial and a in a reserved and considered judgment, the Appellant’s claims were dismissed. The appellant is dissatisfied with the decision of the lower court.

Being aggrieved, he has brought this appeal. The notice of appeal at pages 123-135 of the record contains eight grounds of appeal.

Parties filed and exchanged briefs of argument. Appellant formulated one issue for determination of this appeal and it reads as follows:-

“Whether having regard to the state of pleadings and evidence adduced at the trial court, the learned trial Judge was not wrong in dismissing the Appellant’s claims against the Respondent.”