Augustine Okoye & Anor V. Sikiru Okanlawon Kuti (2016)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

JOSEPH SHAGBAOR IKYEGH, J.C.A. (Delivering the Leading Judgment)

The appeal is from the decision of the High Court of Justice of Lagos State sitting at Ikeja in Ikeja Judicial Division (the Court below) whereby it entered judgment declaring the respondent as the plaintiff of the Court below as the person entitled to the statutory right of occupancy in respect of a parcel of land located at No. 10 Olayemi Street, Amuwo in Kuje Amuwo Village, Badagry Division, now Ojo Division.

It was the case of the respondent as the plaintiff at the Court below that he bought the disputed piece of land from Kuje-Amuwo family in 1974, evidenced by a Deed of Lease dated 27-5-75. The respondent had developed the piece of land by building a house up to lintel level thereon before the appellants allegedly trespassed in it in 1985.

The appellants’ case was that they own the disputed parcel of land which is at Kuje-Amuwo Badagry facing Olayemi behind Amosu Street. 2nd appellant had employed the services of a licensed surveyor to survey the piece of land in 1984. Again in 1998 the 2nd appellant engaged a licensed surveyor who made a composite plan for him. It

appears the 2nd appellant?s case was that he bought the parcel of land from the 1st appellant. And the 2nd appellant got a Certificate of Occupancy over the disputed piece of land in 1991. According to the Deed of Transfer between the 1st appellant and the 2nd appellant, the original owners of the parcel of land are Kuje Amuwo and Imore families which the 1st appellant sold to the 2nd appellant and issued the 2nd appellant purchase receipt on 27-01-78 vide page 30 of the record of appeal.

The appellants denied trespassing in the land and claimed ownership of it based on the Certificate of Occupancy issued to him in 1991.

The Court below resolved in its judgment that the respondent had proved better title to the piece of land and awarded the respondent declaration of statutory title to the disputed piece of land.

Dissatisfied with the judgment, the appellant appealed against it by a notice of appeal with seven grounds of appeal. A brief of argument was filed by the appellant on 29-12-14 but it was deemed properly filed on 30-04-15. It raised these issues for determination –

“ISSUES FOR DETERMINATION

i. Whether the Judgment having

regard to the date of the last address and the time of the delivery of judgment and the prejudice to the parties in the nature of the miscarriage of justice, the Judgment ought not to have been declared null and void – Ground 1.

ii.Whether having regard to the state of pleadings, the evidence required, and the evidence available the learned trial Judge ought to have given Judgment in favour of the Respondent – Grounds 2, 3, 4, 5 and 7.

iii.Whether the learned trial Judge was right when she ordered that the certificate of occupancy of the 2nd Appellant be set aside – Ground 6.

iv. Whether the action of the Respondent is statute barred having regard to the state of the pleadings wherein the cause of action in respect of a matter relating to recovery of land was committed in May 1985 but action was not commenced against the 1st defendant, having regard to the amended Writ of Summons and amended Statement of Claim resealed at the High Court Registry, Ikeja, until the 28th of October, 1997 – a period of over 2 years from the said date the cause of action was alleged to have arisen having elapsed. – Ground 8. ?