Baale Simeon Akinya & Anor V. Chief Clement Omeyi (2016)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

MOJEED ADEKUNLE OWOADE, J.C.A. (Delivering the Leading Judgment)

This is an appeal against the judgment of Hon. Justice F. O, Aguda-Taiwo delivered on 21st October 2010 in the Ore Judicial Division of the High Court of Ondo State.

By a Writ of Summons of 26/9/2007 followed by a statement of claim of 2/11/2007, the Respondent as 1st Plaintiff claimed against the Appellants as defendants as follows:

(a) A declaration that the execution of the judgment in Suit No. ORCC/87/2004 at the 1st Plaintiff?s premises at kilometer 100 Lagos- Benin Express Way on 24th day of September 2007 is unlawful, unconstitutional/null and void and of no effect and as such amounts to trespass.

(b) An order on the defendants jointly and severally to pay special and general damages to the 1st plaintiff as follows:

(i) N5000 per day special damages for Hotel accommodation for the two rooms the 1st Plaintiff and his household occupied at Philinneka Hotel, Benin-Lagos Express Way, Showboy with effect from 24th day of September 2007 till the seal is (sic) removed from the 1st Plaintiff’s house or the date of judgment whichever is earlier.

1

(c) N2000 per day for the loss of profit from the sale of food and drinks on the 1st Plaintiff’s Restaurant with effect from 24th day of September, 2007 till the seal is (sic) removed from the 1st Plaintiff’s house or the date of judgment in this case, whichever is earlier.

(d) Three Million Naira (3,000,000) general damages for the trespass committed by the defendants on 24th September, 2007 when the defendants and their agents and servants broke into and entered the 1st Plaintiff’s premises to execute the judgment in Suit No. ORCC/87/2004.

(e) A perpetual injunction restraining the defendants, their servants, agents, privies or any other person whosoever from further acts of trespass on the 1st Plaintiff?s properties.

The Appellants as defendants filed a statement of defence on 26/5/2008, consequent upon which the Respondent filed a Reply to statement of defence on 26/9/2008.

In the Court below, the Plaintiff testified and called his wife as a witness while the 1st and 3rd defendants testified and called one other witness.

?The Respondent as Plaintiff gave evidence that the Plaintiffs in Suit No. ORCC/87/2004 levied execution of

2