Engineer Samuel Egbedina Akinbiyi V. Lagos Island Local Government Council & Ors. (2012)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

IBRAHIM MOHAMMED MUSA SAULAWA, J.C.A.

The instant Appeal is a fall-out of the Judgment delivered on April 22, 2010 by the Hon. Justice O. A. Adefope-Okojie of the High Court of Lagos State in Suit No.LD/1899/2000. By virtue of the Judgment in question, the learned trial Judge dismissed the Appellant’s suit in part and granted the Respondents’ Counter-Claim in part.

FACTS AND CIRCUMSTANCES SURROUNDING THE APPEAL:

It’s discernible from the Records of Appeal, that the Appellant had (on 19/07/2000) filed in the Court below a Writ of Summons and Statement of Claim, seeking various declaratory reliefs against the Respondents. However, by the amended Statement of Claim thereof (filed on 25/08/10), the Appellant claimed against the three Respondents, jointly and severally, as follows:

(a) A DECLARATION that the Defendants’ conduct in invading the Plaintiff’s office on or about Wednesday 19th April 2000 without lawful justification is unconstitutional, illegal and a breach of the Plaintiff’s right to privacy under Section 37 of the Constitution of the Federal Republic of Nigeria 1999.

(b) A DECLARATION that the Defendants’ conduct in invading the Plaintiff’s office on or about Wednesday 19th April 2000 without lawful justification is unconstitutional, illegal and constitutes trespass.

(c) AN ORDER of this honourable Court directing the Defendants’ to return to the Plaintiff forthwith the Plaintiff’s Coleman 5.0KVA generator in a good working condition which generator was seized by the Defendants’ on 19th April 2000.

(d) The sum of N315,000.00 (Three hundred and fifteen thousand naira) as special damages under paragraph 19 hereof.

(e) The sum of N2,500.00 (Two thousand, five hundred naira) or such higher sums per day for every day of the week excluding Sundays as may be established in evidence during trial as special damages under paragraph 20 hereof with effect from 18th December 2000 until judgment.

(f) The sum of N5,000,000.00 (Five million naira) as damages under paragraphs 12 and 13 hereof.

(g) The sum of N1,000,000.00 (One million naira) as damages under paragraph 9 hereof.

(h) The sum of N1,000,000.00 (One million naira) as damages under paragraph 10 hereof.

(i) The sum of N1,000,000.00 (one million naira) as damages under paragraph 11 hereof.

(j) The sum of N1,000,000.00 (One million naira) being general damages.