Gilbert Oladeinde Meadows & Anor V. Rotimi Fabanwo (2013)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

RITA NOSAKHARE PEMU, J.C.A. (Delivering the Leading Judgment)

This appeal is against the Judgment of Hon. Justice A. A. Philips of the High Court of Justice, Lagos State delivered on the 20th day of October 2006, in which the lower court entered Judgment in favour of the claimant (the Respondent herein) against the Defendants (Appellants herein) and dismissed the counter-claim of the 2nd Defendant/Appellant. The claimant/Respondent was given Judgment in respect of the first head of claim for declaration of title to the land. The Appellants are dissatisfied with the Judgment and have appealed it.

SYNOPSIS OF FACTS

The Respondent (as Claimant) instituted an action in the lower court against the Appellants (as Defendants) claiming, in his Amended Statement of Claim dated 1st June 2000 the following:

(i) A declaration that the plaintiff is the lawful owner and is entitled to the Statutory Right of Occupancy of the parcel of land measuring 585.276 square metres, situate and lying at Ibadan Close, Opebi, Ikeja, Lagos, more particularly shown and delineated on Survey Plan No.SBS/204A,97L, prepared by Land Surveyor Sunday Saidi.

(ii) N2 Million Professional Fees due to the plaintiff from the 1st Defendant.

(iii) N127,000.00 (One Hundred and Twenty Seven Thousand Naira) being Special Damages from loss incurred by the plaintiff by reason of the Defendants, act of trespass.

(iv) N3 Million special damages.

While the 1st Defendant/Appellant, filed an Amended statement of Defence dated 16th June 2005, the 2nd Defendant/Appellant filed a statement of Defence and counter-claim dated 29th September 2000 which he claims as follows:

(i) A Declaration that the Plaintiff is the one entitled to the grant of the Governors consent in respect of one plot of land measuring 585,309 square metres situate at Ibadan Close, Off Afolabi Awosanya, Off Agbaoku Street, Opebi, Ikeja, Lagos (more particularly delineated in the Survey Plan No.OGEK 96/96 dated 15th February 1996) by virtue of the purchase receipt dated 5/1/96 and Deed of Assignment dated 19th February 1996.

(ii) A Declaration that the plaintiff is the one entitled to possession and was in possession of the said land at all times material to this suit.

(iii) A Declaration that the 1st Defendant’s invasion, trespass or encroachment on the plaintiffs land aforesaid either by himself or through his agents violates the Plaintiffs title and right to possession and is therefore illegal, wrongful and unconstitutional.

(iv) An Order of Perpetual Injunction restraining the Defendants either by themselves, their agents, servants or privies from invading, encroaching, trespassing or further trespassing on the plaintiffs land.

(v) The sum of N50,000,00 as general damages for the 1st Defendant’s trespass on the plaintiffs land.