Hrh Oba Folagbade Olateru-olagbegi Iii & Ors V. Dr. Olufemi Majekodunmi (2013)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

MONICA BOLNA’AN DONGBAN-MENSEM, J.C.A. (Delivering the Leading Judgment)

The Hon. Justice Eni Esan of the Oyo State High Court of Justice sitting at Ibadan delivered a Judgment on the 19th day of April, 2005 in which the entire claim of the plaintiff was dismissed.

The Appellants were the Plaintiffs at the trial court, while the Respondent was the Defendant and will hereafter each be so referred to.

The Appellants commenced the suit as Administrators of the Estate of one Late Sir Oba Olateru-Otagbegi II on the 27th February, 2002.

The writ of summons with a statement of claim was subsequently amended in line with an order of the court made to that effect on 21st December, 2004.

The Appellants sought the following reliefs (see page 11-12 of the records as amended in the amended statement of claim at pages 61-64 of the records):-

i. Declaration that the acts of the Defendant in using as right way or entrance and erecting an iron gate or cross bar there upon or taking possession of land or dealing in any manner whatsoever with a portion of the Plaintiffs piece or parcel of land situate, lying and being at challenge area near Texaco Petrol Station, Lagos/Ijebu-Ode Road, Ibadan with an area measuring 542 square yards shown on survey drawn by Akin Ogunbiyi, Licensed Surveyor Registered as No, 29 at page 29 in volume 446 dated 12th April, 1961 of the Lands Registry Office, Ibadan without the consent and approval of the Plaintiffs amounts to trespass on the said piece or parcel of land.

ii. N81,750.00 (Eighty one thousand Seven hundred and fifty naira only) special damages for the gate of the Plaintiffs erected on the said piece or parcel of land demolished and damaged and or caused to be demolished or damaged by the defendant and or his agents on the night of Wednesday 5th of September, 2001.

iii. (a) Damaged iron gate – 15,000.00

(b) Five lorry loads of broken blocks carted away by the defendant which was meant for leveling the plaintiff premises at N1,700.00 per lorry loads – 8,500.00.

(c) Labour charges for welding works – N5,000.00

(d) Seven bags of cement at N750 per bag – N5,250

(e) One (1) load of sand N2,500.00

(f) One load of gravel – N3,500.00