Emmanuel E. Atufe V. Efemini Oghomienor (2003)

LawGlobal-Hub Lead Judgment Report

MUHAMMAD S. MUNTAKA-COOMASSIE, J.C.A.

This is an appeal against the decision of the High Court of Justice, Sapele, Delta State of Nigeria, Coram Nwulu, J., delivered on the 26/9/2000, in which the claim of the plaintiff, now appellant, was dismissed.

The plaintiff in his amended statement of claim in paragraph 26(a), (b), (c), (d), (e), (i), (ii) thereof claimed against the defendant follows:

“Wherefore the plaintiff claim the following declarations and reliefs:

(a) That the plaintiff is both the legal and equitable owner of the building, known as No. 197, New Ogorode Road, Sapele, as against the defendant.

(b) That the defendant is a tenant to the plaintiff in the building, known as No. 197, New Ogorode Road, Sapele.

(c) That the plaintiff is entitled to the statutory right of occupancy of the premises known as No. 197, New Ogorode Road, Sapele.

(d) That the defendant should render account of all monies collected from other tenants which the defendant forceably put into possession, without the authority and consent of the plaintiff.

(e) The plaintiff further claim for the following orders:

(i) An order of perpetual injunction restraining the defendant, his servants, agents or privies from altering,

reconstructing the said building and premises known as No. 197, New Ogorode Road, Sapele.

(ii) An order of injunction restraining the defendant from holding himself out as a landlord of the building known as No, 197, New Ogorode Road, Sapele and from collecting rent from any person staying in the said building or renting the premises to any person or persons for any use whatsoever.”

Pleadings were ordered, filed and exchanged. At the hearing, plaintiff testified and called three other witnesses, while the defendant gave evidence and called one witness.

The plaintiff in his testimony stated that he bought the property dispute i.e. No. 197, New Ogorode Road, Sapele, from one Tony Offili (PW1) who, in turn, bought the property from one, Igwe in 64. The registered deed of assignment between Tony Offili and he was handed over to the plaintiff, and a fresh purchase receipt was issued to the plaintiff by Offili. These documents were tendered as exhibits A & B respectively.