John Tunde Oriloye V. Lagos State Government & Ors (2014)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

CHINWE EUGENIA IYIZOBA, J.C.A. (Delivering the Leading Judgment)

The Appellant was by a letter of Allocation dated 25th September, 1986 allotted a Plot of land known as Plot 21, Block 77 in the Lekki Peninsula Scheme I. He paid the initial amount indicated in the letter of Allocation. Subsequently, Capital Development Levy was introduced, and a demand notice for the payment of the said Capital Development Levy was served on the Appellant, the payment of which was to be made within 90 days.

The Appellant made part payment of the demand sum, but failed to complete same within the stipulated period of 90days. The Capital Development Levy was further revised upward. The Appellant attempted to pay the levy but insisted on paying the old rate. Having exceeded the stipulated payment period and being unwilling to pay the new rate, the appellant’s allocation was withdrawn and the land re-allotted to the 6th Respondent. The Appellant thereupon filed a suit in the High Court of Lagos State, Lagos Judicial Division claiming as follows:

(i) A Declaration that the claimant is entitled to the Statutory Right of Occupancy in respect of a plot of Land, Plot 21, Block 77, Lekki Peninsula Scheme 1, Lagos, measuring 936.502 square meters.

(ii) Mandatory Order of specific performance of a binding Agreement between the claimant and the defendants, in respect of the allocation of the said Plot of Land.

(iii) Perpetual injunction restraining the defendants, their Servants, Agents or Privies from dealing with the Plot of Land, OR alternately issuing a Certificate of Occupancy to any person other than the claimant.

The 1st to 5th Defendants/Respondents filed a joint statement of Defence consisting of 28 paragraphs to which the claimant filed a Reply of 14 paragraphs. The 6th Respondent filed a statement of Defence and counter claim of 17 paragraphs counterclaiming as follows:

(i) A declaration that the sixth respondent together with his wife is the owner of the piece of land lying, situate and being at Block 77 plot 21, Lekki Residential Scheme 1 being the holder of a valid and subsisting certificate of occupancy No.90/90/20051 in respect of the said land.

(ii) The sum of N500,000.00 being special and general damages for the destruction of the sixth respondent’s structure on the said land and trespass committed by the appellant his servants and/or agents.

(iii) An order of perpetual injunction restraining the appellant, his agents, servants privies and/or any person whatsoever claiming through him from further committing acts of trespass on the said sixth Respondent’s land.

The appellant filed a reply/defence to the 5th Respondent’s counterclaim. At the trial the appellant testified and called no other witness; the 1st to 5th Respondents called one witness. The 6th Respondent also testified and called no other witness. The Parties tendered numerous documents and their counsel filed addresses which were duly adopted.

The learned trial judge delivered his judgment on 21st day of May 2007 dismissing all the claims of the appellant and granting reliefs i and iii of the counter claim of the 6th Respondent. The Appellant dissatisfied with the judgment filed a Notice of Appeal with 8 grounds of Appeal out of which he distilled five issues for determination as follows:

(i) Whether the learned trial judge was right to have held that the appellant did not lead any evidence in support of the averments contained in the REPLY to the statement of Defence of 1st to 5th defendants as well as the REPLY and defence to the statement of defence and counter-claim of the 6th Defendant.

(Ground 1 of the Grounds of Appeal).