Dr. (Chief) F.a.z. Adekanye V. Grand Services Ltd (2007)

LawGlobal-Hub Lead Judgment Report

MARY U. PETER-ODILI, J.C.A.

This is an appeal against the Ruling delivered by the Hon. Justice L.H. Gummi at the Wuse High Court of Justice, Abuja on 17/4/2002 and the judgment of 17/6/2002. The combined notice of appeal had 7 grounds of appeal.

FACTS BRIEFLY STATED:-

The Plaintiff in paragraph 19 of his Statement of claim, claimed against the original two defendants as follows:-

(i) Against the 1st Defendant an order of perpetual injunction prohibiting the 1st Defendant her servants, agents and /or privies from committing further acts of trespass on the said land and /or alternatively.

(ii) Against the 1st Defendant the sum of N6, 800.000.00 being expense incurred by the Plaintiff in acquiring the fenced and substantially developed land.

Before the commencement of the trial the name of the 2nd Defendant was struck out on the application of the Plaintiff, hence, the 2nd relief was as a result deemed abandoned.

The germane averments as contained in his statement of claim are contained in paragraphs 3, 4, 5, 6 and 7 which were to the effect that the Plaintiff bought a property covered by a Certificate of Occupancy No. FCT /ABAU/073 from Broad Based Mortgage Finance Co. Limited i.e. the 2nd Defendant whose name have earlier been struck out.

At the trial, two witnesses including the plaintiff gave evidence. The plaintiff tendered Exhibit 7 P1, a Certificate of Occupancy issued in the name of one Mrs. JA Akinrinade, a Power of Attorney Exhibit P2, issued in favour of the Broad Based Mortgage Finance limited by the said Mrs. J.A. Akinrinade.

The Defendant/Respondent in his Statement of Defence claimed its title through the auction sale conducted by the Bailiffs of the lower court in a case in which one Alhaji Tolani obtained judgment against the Broad Based Mortgage Finance limited, the plaintiff alleged ASSIGNOR. The relevant averments are contained in paragraphs 3, 4, 5, 6, and 7 of the Statement of Defence.

The Plaintiff in his Reply to the Statement of Defence dated 1st August 2000 neither denied nor challenged the auction sale as pleaded, but claimed that he had no notice of the sale.

On the 16/10/2001, the Defendant with the consent of the plaintiff’s counsel tendered from the bar the following documents obtained from the Deputy Sheriff of the lower court:

(i) The receipt of sale

(ii) Proceedings of the auction sale