Colito (Nig.) Limited & Anor V. Honourable Justice Titi Daibu & Ors (2009)

LawGlobal-Hub Lead Judgment Report

IGNATIUS IGWE AGUBE J.C.A.

By a writ of summons and statement of claim dated 7th August, 2007 and filed simultaneously on the 22nd day of August, 2006 the Plaintiffs/Appellants sought for amongst other reliefs:-

i) The sum of N200 Million Naira only on the footing of aggravated or exemplary damages;

ii) A sum of N13,773,490.00 from the 1st, 2nd, 3rd and 4th Defendant being special damages itemized in paragraph 53(ii) of the Statement of Claim;

iii) A declaration that the claimants having complied with all financial and administrative obligations or requirements for obtaining an allocation and having been allocated plot 1(B) Alimi Road, GRA, Ilorin, have constitutional and legal rights to own the said plot and are entitled to unhindered, unrestricted and unrestrained access to and peaceful occupation and enjoyment of the said plot without any molestation, disturbance, or curtailment, let or hindrance from any of the Defendants;

iv) A DECLARATION that plot 1(B) Alimi Road, GRA, Ilorin exclusively belongs to the 1st claimant and the 2nd Defendants have no right, interest, stake, or title whatsoever directly or remotely in Plot 1(8) Alimi Road, GRA, Ilorin, Declaratory Orders as contained in paragraphs (v) to (xi) of the endorsement on the writ and Orders for perpetual injunction contained in paragraphs (xi) to (xv) of the said endorsement against the 1st, 2nd, 3rd and 4th Defendant/Respondents either by themselves, agents, servants, privies, subordinates, staff, guards, orderlies, officers or through any person or persons howsoever from trespassing or further trespassing, occupying or further occupying, encroaching or further encroaching on plot 1(B) which belongs to the claimants.

Contemporaneously too, the Claimants/Appellants filed an Affidavit of Urgency and a motion for Interlocutory Injunction supported by a whopping 60 paragraphed affidavit dated the same 7th day of August, 2006, in the following terms:-

AFFIDAVIT IN SUPPORT

“1. I am the 2nd Applicant, the Chairman/Chief Executive of the 1st Applicant and a counsel in the chambers of Messrs Wole Olanipekun & Co., the law firm representing the claimants/applicants herein.

“2. By virtue of my position aforesaid, I am very conversant with the facts of this case.

“3. I have the instruction of the 1st applicant and my chambers to make this affidavit.

“4. Except otherwise specifically stated, all facts deposed to herein are within my personal knowledge, information and belief.

“5. 1st claimant/applicant is a limited liability company incorporated under the relevant laws of Nigeria to carry out the business of manufacturing, distribution and retail of diverse products, including but not limited to building materials and having its head office situate at No. 14, Wahab Folawiyo Road, (Unity Road), Ilorin Kwara State.

“6. 1st Respondent is a High Court Judge in Kwara State, while 2nd Respondent is the husband of the 1st Respondent and the Commissioner for Education in Kwara State.