Ishola Olusegun Lawson V. Afani Continental Co. Nig. Ltd. & Anor. (2001)

LawGlobal-Hub Lead Judgment Report

ALAMI, J.C.A.

ISA AYO SALAMI, J.C.A. (Delivering the Leading Judgment): The plaintiff, in the High Court of Justice of Kaduna State, in the Kaduna Judicial Division, in his claim, which eventually went to trial in his amended statement of claim claimed for the following reliefs:

“(a) A declaration that the plaintiff is the person entitled to the rights in and over the piece of land, opposite Mahmud Jaffal Road, adjacent Grains Board House, along Express Bye-pass, Sabon Garin, Nassarawa Industrial Layout, Kaduna, measuring 60m x 60m with survey plan Number NO. 23963 and covered with Certificate of Occupancy No. CK/A/0001557.

(b) A declaration that the plaintiff is entitled to exclusive use and possession of the said plot against the defendants, their agents and privies and all other person or authority.

(c) An order that the defendant should deliver possession of the said land to the plaintiff, upon the execution of the contract with the Kaduna State Government.

(d) A declaration that the plaintiff is entitled to be paid and an order that the defendant shall pay to the plaintiff the sum of N2,000:00 per week for the use and occupation of the land, until it delivers up possession of same.

(e) A declaration that all contract(s) or agreement(s) entered with other person, persons or authority other than the plaintiff for the use and occupation of the land is null and void.”

Pleadings were filed and exchanged at the amended statement, of claim of the plaintiff, statement of defence of the first defendant and amended statement of defence of the second defendant. The amended statement of defence was subjoined with a counter claim wherein the second defendant sought a declaration of title amongst other reliefs.

The plaintiff testified in support of his claim and called another witness. The first defendant called one witness while the second defendant, though cross-examined the two plaintiff witnesses failed to call evidence in support of its defence and counter-claim. The learned trial Judge in a reserved and considered judgment struck out the second defendant’s counter-claim and dismissed the plaintiff’s claim in toto. The plaintiff being dissatisfied with the decision of the learned trial Judge has appealed to this court on 12 grounds of appeal, from which he formulated 4 issues for determination.

The plaintiff (hereinafter referred to as appellant) filed a brief of argument as far back as 24th October, 1997. The first defendant who is hereinafter, referred to as first respondent, however did not file his brief within time. The brief dated and filed on 28th April, 1998, was curiously enough not deemed as properly filed and served until 8th February, 2001. The second defendant (hereinafter referred to as second respondent) did not file its own brief, just as it failed to participate in the trial in the court below apart from putting in its statement of defence.

The four issues framed in the appellant’s brief are set out immediately hereunder:

“First Issue

Grounds 3 – 9, 11 & 12 as the plaintiff entitled to a declaration of title on the basis of his successful applications for grants of occupancy first from the Chikun Local Government 1989 and subsequently from the Kaduna State Government (1993), that is documents of title Exhibits 2 and 3 pleaded proved admitted and uncontested and the Kaduna State Government Surveyor General’s Survey Plan of the land as granted to the plaintiff by the Kaduna State Government-Exhibit 4.

SECOND ISSUE