Chief Kola Daisi V. Prophet Prince Yomi Oloto (2012)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

MODUPE FASANMI, J.C.A. (Delivering the Leading Judgment)

This is an appeal against the judgment of an Oyo State High Court sitting in Ibadan Judicial Division delivered on the 7th of May 2007.

Appellant as the Plaintiff at the lower Court endorsed in paragraph 10 of his statement of claim as follows:

(1) N20,000.00 damages for trespass committed by the Defendant his servants, agents and or privies on piece of land situate along Ring Road, Ibadan comprised in a deed of assignment registered as No. 10 page 10 in volume 2651 of the Lands Registry in the office at Ibadan,

(2) Injunction restraining the Defendant his servant, agents and or privies from committing further acts of trespass on the Plaintiff’s said piece of land,

The Respondent as the Defendant filed an amended Statement of Defence to which was subjoined a Counterclaim in paragraph 11 which pleads as follows:

(i) Declaration that the Defendant is entitled to a Statutory right of occupancy over all that piece of land situate, lying and being at Idi-Oro area Oke-Ado, Ibadan now known as Ring Road area, Ibadan particularly verged green on plan No.OY/OS/1436/04 filed along with the amended Statement of Defence and Counter claim.

(ii) An order for possession of the said parcel of land presently being occupied by the Plaintiff

(iii) The sum of N20.5 million being special, exemplary and/or aggravated damages and general damages suffered by the Defendant as a result of the unwarranted acts of the Plaintiff resulting into the defence of this suit.

(iv) The sum of N5,000.00 per appearance being the solicitors transport allowance from 14th 2006 until the date of Judgment.

The Appellant as the Plaintiff at the lower Court as reflected in his amended statement of claim and reply to the counter-claim is that the land in dispute was and is at all material times in his possession and that the Respondent committed acts of trespass on the land while in his possession.

The land is shown on the Survey Plan attached to the Certificate of Occupancy and Deed of Assignment tendered by the Appellant as exhibits A and C.

While the Respondent as Defendant’s case at the lower court in his Statement of Defence and counter-claim is that he became owner of an area of land measuring 400 x 50 within the stream set back to Akobale Layout at Ring Road, Ibadan by purchase from one Mrs. Pratt. He denied committing any act of trespass on the Appellant’s land. The parties and their witnesses testified at the lower court. The trial Court on the 7th of May, 2007 dismissed the Appellant’s claim and granted the Respondents’ counterclaim in part. Dissatisfied with the judgment, Appellant appealed to this Court by filing the original notice of appeal dated 16th May 2007. The second notice of appeal is dated 27th June 2007. Appellant relied on the notice of appeal dated 27th June 2007 for the purpose of this appeal.

Appellant’s brief of argument is dated and filed on 21/4/10 while the Respondent’s brief of argument is dated and filed on 27/5/10.