Dr. Akin Ajiboye V. Moses Akande Onigbinde (2014)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

HARUNA SIMON TSAMMANI, J.C.A. (Delivering the Leading Judgment)

By a statement of Claim dated and filed the 1st day of June, 2001, the respondent who was the Plaintiff at the Ogun State High Court, Ota Judicial Division, sought at paragraph 12 of the said Statement of claim, the following reliefs:-

“12. WHEREOF the Plaintiff claims against the Defendant as follows:

(1) A DECLARATION that the plaintiff is the owner of the parcel of land measuring two acres and delineated in survey Plan No. FN 3596 A drawn by Licensed Surveyor A. O. ADEBOGUN attached to the Plaintiff’s certificate of occupancy on the 17th day of May, 1983.

2(i) SPECIAL DAMAGES

10,000 9 inches blocks at N45.00 each N450,000.00

200 bags of cement at N850.00 each N170,000.00

10 lorry loads of sharp sand at N4,000 each N40,000.00

4 lorry loads of concrete at N35,000.00 each N140,000.00

LABOUR N70,000.00

TOTAL N870,000.00

(ii) GENERAL DAMAGES N500,000.00

TOTAL N1, 370,000.00

3. AN ORDER OF PERPETUAL INJUNCTION restraining the Defendant, his agent, servants or privies from trespassing into the Plaintiff’s land measuring two acres and delineated in Survey Plan No. FN 35 96 A dawn by Licensed Surveyor A. O. ADEBOGUN attached to the Certificate of Occupancy No. 00005939 issued to the Plaintiff on the 17th day of May, 1983.

The Respondent’s case is that, he had purchased a parcel of land consisting of two acres, from the Gbeleyi Ajayi Adeyanju family at Otta, Ogun State on the 5th day of March, 1977 for the sum of Thirty Thousand Naira (N30,000.00) and a purchase receipt was issued to him. That when he paid the purchase price, he has put into possession of the parcel of land and has since been exercising acts of ownership and possession thereon.