Chief N.O. Alowonle & Ors V. Sule Solebo & Ors (2012)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

RITA NOSAKHARE PEMU, J.C.A. (Delivering the Leading Judgment)

This is an Appeal against the Judgment of Adesanya J, of the Lagos High Court Ikeja Division delivered on the 7th of June 2001, in which he dismissed the Plaintiffs claim and entered Judgment for the Defendants on the Counter-claim-pages 79-81 of the Record of Appeal.

In their 3rd Amended Statement of Claim dated 23rd January, 1991, the plaintiffs (now Appellants) had claimed from the Defendants (now Respondents) for:

(i) A declaration that the Plaintiffs are entitled to a statutory Right of Occupancy with respect to all that parcel of land situate and being at Oju Ogbe Beach Road, Ikorodu and shown on Plan No. GLS 60A/L/85 thereon adged Blue.

(ii) An Injunction restraining the Defendants and each of them, their servants and agents from committing further trespass on the land in dispute.

(iii) N10, 000.00 damages for trespass committed on the said land.

(iv) The sum of N7, 04.00 against the 10th Defendant as representative of the Estate of Alhaji A.A. Solebo being amount belonging to the Plaintiffs’ family entrusted to the said Alhaji A.S. Solebo deceased, which sum Alhaji A.S. Solebo failed or refused to refund to the Plaintiffs in spite of repeated demands.

The Defendants had Counter-claimed as well as filed an amended Statement of Defence, which is not dated. They counter-claimed thus:-

(i) Declaration that the Solebo family are entitled to the statutory Right of Occupancy on the land in dispute.

(ii) N6, 000.00 damages for acts of trespass.

(iii) An Order of perpetual injunction against the Plaintiffs.

Pages 5-8 of the Record of Appeal.

The plaintiffs had filed a reply and defence to Counter-claim dated 3rd of January 1989.

Herein is a synopsis of the facts of this case as proffered by the Plaintiffs/Appellants?