Esene Ernest & Ors V. MR. Aremu Omokayode Anjorin & Ors (2016)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

YARGATA BYENCHIT NIMPAR, J.C.A. (Delivering the Leading Judgment)

This appeal is against the judgment of the Lagos State High Court presided over by HON. JUSTICE Y. O. IDOWU delivered on the 14th day of May, 2010 wherein judgment was entered for the Respondents in a claim for title to Land at Addo village of Eti-Osa Local Government Area of Lagos State. The Appellants dissatisfied with the judgment filed a Notice of Appeal dated 26th May, 2010 and filed on the 27th May 2010 setting out 2 grounds of appeal.

The Respondents initiated a claim for declaration of title to a piece of land by way of an Amended Writ of summons supported by an Amended Statement of claim. It states thus:

i. A declaration that the Claimants are entitled to the statutory Right of Occupancy to all the piece of land situate and being at Addo Village near Aiah formerly in Lagos Island Local Government but now Eti – Osa Local Government Area of Lagos State shown and delineated on Survey Plan No.LY/U/6877/84 as amended by the insertion of correct coordinates shown in Survey Plan No.CD/LAG/DISP/13/2005 also drawn by Licence Surveyor C. Olu Dawodu dated 20th

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December 2005.

ii. N500,000.00 (Five Hundred Thousand Naira) being general damages for trespass committed on the land by the Defendants.

iii. Perpetual Injunction restraining the Defendant their agents, servant and privies from committing trespass or further trespass on the said piece or parcel of land afore-described in this Statement of Claim.

iv. An Order to demolish at the Defendant’s expense, all the structures built on the parcel of land trespassed upon as shown in the Composite Survey Plan No.CD/LAG/DISP/13/2005.

The Appellants also counter claimed before the trial Court as follows:

The Counter – Claimants state the Particulars of Destruction and Damages as:

i. All the twelve (12) glazed window of different sizes and dimensions affixed to the Claimant’s on his built up property being a three (3) bedroom bungalow valued at N80,000.00.

ii. The kitchen cabinet made of wood valued at N45,000.00

iii. Fourteen (14) fly screens valued at N40,000.00