Kosofe Local Government Area & Ors. V. Chief T. Abayomi Davies(2012)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

RITA NOSAKHARE PEMU J.C.A, (Delivering the Leading Judgment)

This appeal is against the Ruling of Honourable Justice L.A. Okunnu delivered on the 14th day of April 2008 at the High Court of Justice, Lagos State, Ikeja, wherein he dismissed the Appellants application challenging the power of the Administrative judge to approve the execution of the Judgment delivered on the 15th day of March 2006, by Hon. Justice O.M. Falase (Mrs) (Deceased) of the Lagos State High Court and executed on the 24th of January 2008.

SYNOPSIS OF THE FACTS

By Writ of Summons dated 16th February 1993 and in paragraph 16 of his Statement of Claim dated and filed on same date, the Defendants (now Appellants) sought the following reliefs from the court below viz:

(1) A declaration that the property known as and called Block B, located along Ogudu Road, Ojota by Taiwo Street, Ojota, Lagos which the Plaintiff bought from the Olabisi family in 1976 belongs to the Plaintiff.

(2) A declaration that the purported entering of the property by the Defendants is unlawful, illegal, invalid

and void.

(3) An Order of perpetual injunction restraining the defendants, their agents, privies or servants from entering or building upon any part or portion of the property in any way contravening in trespass therein.

(4) General damages in the sum of N2,000,000.00 (Two Million Naira Only) against the Defendants jointly and severally for trespass.

At the conclusion of hearing of the case, the learned trial judge Hon. Justice O.M. Falase (Mrs) (Deceased) on the 15th of March 2006, found for the Claimant in the following terms-

“Judgment is hereby entered in favour of the Claimant as follows:-

(1) A declaration that the property known as and called Block B located along Ogudu Road, Ojota by Taiwo Street Ojota, Lagos which the Claimant bought from the Olabisi Family in 1976 belongs to the Claimant.

(2) A declaration that the purported entering of the property by the Defendant is unlawful, illegal and

(3) An Order of perpetual injunction restraining the Defendants, their agents, privies, servants from entering or building upon any part or portion of the property in any way contravening in trespass therein.