J.O Laosebikan & Ors V. Madam Olayinka Awojobi (2015)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

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

This is an appeal against the Judgment of the High Court of Lagos State delivered by HON. JUSTICE I.A. OLORUNNIMBE on the 14th day of April, 1987 wherein the trial court dismissed the claim of the Appellant for a declaration of title to a piece or parcel of land situate at Onigbagbo Village Road, Ikeja, Lagos State. Dissatisfied with the decision, the Appellant appealed to this court by filing a Notice of Appeal dated 13th July, 1987 setting out 3 grounds of Appeal.

FACTS:

The brief facts of the case are that the Appellants had acquired the property in dispute from one Dr. Arhur Babatunde Adefowope and the conveyance documents duly registered in the Lands Registry, Lagos. However, the Appellants later discovered the Respondent and her agents on the property trying to put up a building on the property. Attempts to stop them proved abortive as the workers hastened to finish work.

The Appellants at a point reported to the police and even sued the Respondent’s son who was on the land supervising the work. All efforts to stop the development failed, hence, the Appellants filed a suit in the High Court. The Claim of the Appellants before the trial court states thus:

a) A Declaration that the Plaintiffs are entitled to a statutory right of Occupancy in respect of a piece of land situate at Onigbagbo Village Road, Ikeja, Lagos State and the Lagos State Ministry of Works and Planning Approved Layout Number TPA 0821 of 7/2/77 and bounded by Survey Pillars OG6508, OG6509, OG6529, OG6520.

b) N2000.00 damages for trespass

c) Perpetual injunction restraining the Defendant, her servants and agents from committing further acts of trespass on the Plaintiffs land.

During the course of proceedings, the Respondent amended her statement of defence averring that she mistakenly built on a neighbouring plot of land (i.e. the property in dispute) instead of the plot she bought and was conveyed to her. She relied on the defences of estoppel by conduct, proprietary estoppel, laches and acquiescence.

After hearing both sides, the court dismissed the claim of the Appellants after finding that they proved title and that the land was conveyed to them but upheld the defence of the Respondent thereby dismissing the claim of the Appellants in its entirety. The Appellants were aggrieved by the decision thus this Appeal.

The Appellants filed their brief of Argument dated the 2nd of September, 1996 which was later refiled on the 13th day of May, 2015 with the leave of court. The Respondent did not file any brief of Argument. The Appellants, vide their motion filed 12th November, 2014, sought for an order of the Court to hear the appeal on the Appellant’s brief only and leave was granted on the 3rd of March, 2015.

The Appellants in their brief formulated one issue for determination as follows:

“Whether the learned Trial Judge having found as a fact, that the Appellants were the owners of the land in dispute, was right in dismissing the Appellants’ claims on the ground that the Respondent proved her equitable defence without considering the reply and opposition of the Plaintiffs thereto.”

The court shall adopt the lone issue distilled by the Appellants as the issue for determination in this Appeal.