Alhaji Musa Ajigbotosho V. Renolds Construction Co. Ltd (2018)

LAWGLOBAL HUB Lead Judgment Report

SIDI DAUDA BAGE, J.S.C.

This is an appeal against the judgment of the Court of Appeal Ibadan Division delivered on the 17th April, 2008 in Appeal No. CA/1/15/2007 wherein the lower Court dismissed the appeal of the Appellant therein. The relevant facts leading to this appeal as can be garnered from the record of appeal are stated hereunder.

In executing the contract awarded to it by the Federal Government to dualise the Ibadan/Ife Road, the Respondent, a Construction Company, entered into a number of lease Agreements with the Appellant to use his land for “site erection and excavation of materials.” Clause 5 in the Agreements dated 10th April 1995, 26th November 1996, 16th May 1997, & 10th June 1997, reads: –

“It is herein agreed that the said parcel of land shall be levelled and made usable by Reynolds after the completion of the Road before handing it over to the said owner. The land owner shall make available a trustworthy watchman and shall be employed by Reynolds within the period of operation.”

1

On completion of the project, the Appellant approached the Respondent to make good the land as previously agreed and after repeated demands to no avail, he instituted an action at the Ibadan High Court of Oyo State, claiming:

(a) A declaration that the defendant is in breach of the various lease Agreements on land entered with Plaintiff by failing to level and make usable the various parcels of land leased to her for the purposes of road construction by the Plaintiff at Idi-Omo Village, Egbeda Local Government Area, Ibadan particularly, the Agreements dated 10th April, 1995, 10th and 15th May 1995, 23rd January and 26th November 1996, 16th May and 10th June 1997.

(a) DAMAGES

SPECIAL

(1) Cost of repair of damage road – N743,149.20

(2) Amount required to rehabilitate damaged Parcel of land as per the lease Agreements – 3,712,500.00

(3) Cost of claim survey – 25,000.00

GENERAL DAMAGES – 1,000,000.00

5,480,649,20.