Engr. Dayo Ataloye & Anor V. The Executive Governor Ondo State & Ors (2013)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

CORDELIA IFEOMA JOMBO-OFO, J.C.A. (Delivering the Leading Judgment)

This appeal is against the judgment of the High Court of Ondo State presided over by Hon. Justice N. S. Adeyanju and delivered 17th June, 2010 in which the plaintiffs’ (herein the appellants) suit was dismissed.

By a writ of summons and statement of claim each dated filed 22nd May, 2008, the plaintiffs at the lower court made the following claims against the defendants:

1) A DECLARATION that the purported acquisition of all that piece or parcel of land situate along Akure/Ilesha Road, under the Okuta Elerinla Residential Scheme now surveyed and called Okuta Elerinla layout, Akure, Ondo State is unconstitutional, illegal, null, void and of no effect on the ground that:

a) The purported acquisition was not for one of the purposes for which the land could be acquired.

b) The purported acquisition was not made bona fide with due process of law.

c) The purported acquisition was persecutory and oppressive.

2) N50, 000,000 damages for trespass.

ATTERNATIVELY

1. A Declaration that the plaintiff is entitled to be paid fair and adequate compensation in accordance with the provisions of the Constitution of the Federal Republic of Nigeria.
2. AN ORDER of the court that the plaintiffs be paid the sum of N250,000,000 (Two Hundred and Fifty Million Naira) as compensation for the acquisition of plaintiffs’ lands.

Pursuant to the leave of the trial court granted the defendants they filed their memorandum of appearance dated 23rd September, 2008 on 24th September, 2008 and statement of defence dated 2nd February, 2009 but filed 3rd February, 2009 respectively. The statement of defence was deemed properly filed and served on 3rd February, 2009 and thereafter the case proceeded to trial. The plaintiffs opened and closed their case 30th April, 2009. The defence opened and closed its case on 11th June, 2009. At the conclusion of the trial and after hearing the addresses of the respective counsel, the learned trial Judge in a considered judgment delivered 17th June, 2010 entered judgment in favour of the defendants. See pages 63-82 of the record. Not satisfied with the judgment of the trial court the plaintiffs/appellants filed a notice of appeal on 14th July, 2010.

In line with the rules of this court, the parties filed and exchanged briefs of argument. The appellants’ brief dated 18th February, 2011 and filed 21st February, 2011 was settled by PIUS OLU DAODU, ESQ., while the respondents’ brief dated and filed 13th April, 2012 was deemed proper before the court on 23rd April, 2012. The said brief was settled by ADEBAYO OGUNSUYI, ESQ. for the Hon. Attorney-General and Commissioner for Justice, Ministry of Justice, Ondo State.

At the hearing of the appeal on 11th November, 2013, PIUS OLU DAODU, ESQ. adopted and relied on the appellants’ brief as their argument in this appeal. He urged the court to invoke the provision of Section 15 of the Court of Appeal Acts, 2004 and allow the appeal and set aside the judgment of the trial court. On the part of the respondents, WALE BAMISILE ESQ., Senior Legal Officer, Ministry of Justice, Ondo State adopted and relied on the respondents’ brief as their argument in this appeal. He urged the court to dismiss the appeal and affirm the judgment of the lower court.

The learned counsel for the appellants distilled (3) three issues for determination of the appeal. The issues are:

i. Whether or not the 2nd defendant is a Juristic personality that can be sued.