John Fakunle V. Mrs. Grace Oke (2008)

LawGlobal-Hub Lead Judgment Report

IGNATIUS IGWE AGUBE, J.C.A.

Before His Lordship J.O. Adeyeye J. of the High Court of Ekiti State Holden at Emure Ekiti in the Emure/lse Judicial Division the Plaintiff took out a writ of summons against the Defendant and in both the writ and her statement of claim sought for the following Reliefs:-

(a) A declaration that the Plaintiff is entitled to the customary right of occupancy in respect of the piece of land lying and situate at Owode Camp, Emure Ekiti which land is bounded as follows:-

i. On the first side by Asemolegun’s land;

ii. On the second side by Agbelese’s land’

iii. On the third side by Opani Ogunro stream; and

iv. On the fourth side by Emure/Supare Road.

(b) An order directing the defendant, his agents, privies, servants and such other persons claiming through him or for him to vacate the land in dispute forthwith and restraining the defendant from entering onto or trespassing in any form on the land in dispute.

(c) The sum of N1,000,000.00 (One million Naira) being general damages for trespass committed on the land in dispute by the defendant.

After being served with the summons and statement of claim, the Defendant filed his Statement of Defence and issues were joined by the parties. In proof of the Plaintiffs case, she testified and called two other witnesses. The Defendant on his part testified and called a witness in support of his case.

At the close of hearing and addresses by counsel, the learned trial Judge granted the plaintiff the declaration of customary right of occupancy to the land, ordered the eviction of the Defendant his agents, privies servants and such other persons claiming through him and granted an injunction on the same terms as above. He further awarded the plaintiff N50,000.00 as general damages against the Defendant for trespass.

Dissatisfied with the judgment of the High Court, the Defendant gave Notice of Appeal with five Grounds which are contained in pages 129 to 133 of the Record of proceedings.

For the avoidance of doubt the said grounds are reproduced hereunder without their respective particulars as follows:-

“GROUNDS OF APPEAL:-