Engr. Yakubu Ibrahim & Ors V. Simon Obaje (2017)

LAWGLOBAL HUB Lead Judgment Report

CLARA BATA OGUNBIYI, J.S.C.

This is an appeal against the decision of the Court of Appeal, Abuja division delivered on the 19th day of January, 2005 dismissing the appellants appeal from the High Court of Justice, Abuja.

FACTS OF THE CASE

The Respondent then plaintiff issued a writ of summons against the appellants, then defendants at the High Court of Justice, Abuja on the 7th day of March 2001 claiming the following reliefs:

i. Declaration of title over plot F96 in his favour.

ii. An order of perpetual injunction restraining the Defendants/Appellants and their servants, agents and privies from and further trespass to the land.

iii. N1,600,000 (One million, Six Hundred Thousand Naira) special damages and listed are the items of the damages and value.

Also claimed is interest on the judgment sum at the current bank rate until the judgment is delivered and thereafter at such rate and for such periods as the Court should think fit.

From the statement of claim, the plaintiff/Respondent asserted that he is the owner of the landed property known and described as

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Plot F96, and Dutse Alhaji, Abuja and that he also had possession of the said parcel of land; that he bought the Plot from the former owner, Mr Otitoju Bonte who conveyed title to him, (Respondent) by virtue of an irrevocable Power of Attorney dated 19th October, 2000 given for value; that the said Plot F96 Dutse Alhaji is covered by a Certificate of Occupancy No. FCT/M2TP/OD/276 of 15th June, 1995 granted by Bwari Area Council; that a building plan for development of the plot was applied for and approved, by the Supervisory Authority.

It was alleged further that the respondent commenced development on the plot with the initial structure totally completed; that while construction was on, the Defendants/appellants trespassed into the construction site, harassed the workers and disrupted the work. When these acts did not deter the work, the appellants got police who ordered the workers of the Respondent to stop work. In the absence of the workers the Appellants got into the plot and destroyed the concrete structure and a report of this destruction was made by Respondent to the police and hence the suit filed before the trial Court.

All the appellants

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