L.T. Col. Mrs. R.A.F. Finnih V. J.O. Imade (1992)

LawGlobal-Hub Lead Judgment Report

O. BABALAKIN, J.S.C.

In the Benin High Court of the then Bendel State now Edo State, the Plaintiff/Respondent took action against the Defendant/Appellant as follows:-

“(a) A declaration of statutory right of occupancy to the plaintiff’s piece of land verged green in survey plan No. ER. 2175 which is filed with the statement of claim.

(b) The sum of N60,100.00 being special damages made up as follows:

(i) value of uncompleted houses damaged by the defendant and/or agents or servants ….N56,100.00

(ii) value of building materials on the site damaged by the defendant and/or her agents or servants……4,000.00

(c) the sum of N39,000 being general damages including loss of rent at rate of N6,000 per annum each bungalow until judgment.

(d) A perpetual injunction to restrain the defendant her servants or agents from committing any further acts of trespass on the land.”

Statement of claim and defence were filed, amended and exchanged.

The plaintiff/respondent testified and called six witnesses. The defendant/respondent testified on her behalf and called one witness namely the principal Deeds Registrar in the Ministry of Land and Survey, Benin City.

After hearing evidence, the trial court dismissed the plaintiff/respondent’s claim for declaration of statutory right of occupancy to the land in dispute. He however held that the plaintiff/respondent’s claim for damages for trespass in the sum of N60,100.00 succeeded and awarded that sum to the plaintiff/respondent he dismissed the claim for perpetual injunction.

Aggrieved by that part of the judgment awarding damages to the plaintiff/respondent, the defendant/appellant appealed to the Court of Appeal. Also aggrieved by the part of the judgment which dismissed his claim for the declaration of Statutory Right of Occupancy the plaintiff/respondent cross-appealed to the Court of Appeal. At the Court of Appeal, briefs of argument were filed and exchanged and after hearing argument of the parties, the Court of Appeal allowed the plaintiff/respondent’s Cross-appeal and dismissed the defendant/appellant’s appeal.

Dissatisfied with the judgment of Court of Appeal, the defendant/appellant has further appealed to this Court.

In this Court, briefs of argument were filed and exchanged.