Lagos State Urban Renewal Authority V. Chief Ganiyu Ariori Balogun Okolo & Anor (2010)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

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

This is an appeal against the decision of the High Court of Lagos State contained in the judgment of his Lordship H. A. O. Abiru delivered on 7th day of May, 2007 in suit No LD/504/2005 BETWEEN CHIEF GANIYU ARIORI BALOGUN OKOLO & 5 ORS (on behalf of the entire Balogun of Okoto family of Lagos) AND LAGOS STATE GOVERNMENT URBAN RENEWAL BOARD & ANOR.

In that suit, the Appellants herein were the Respondents while the Respondents herein were the claimants at the lower court, simply put, the facts of this case is that the Appellants herein were the Respondents at the Court below while the Respondents were the Claimants.

The Respondents/Claimants commenced Suit No. LD/504/2005 by way of writ of summons claiming the reliefs as adumbrated at pages 3-5 of the Record of Appeal. The claimants has filed an amended statement of claim and same was amended pursuant to order of the lower court on the 2nd of November, 2006. It is of fifteen paragraphs. In paragraph 15 thereof, the Claimants had claimed.

1. A DECLARATION that the piece or parcel of land described as situate, lying and being at Balogun in the Crown Grant dated 10th October, 1866 as No. 41, Volume 2C/G of the Register of Deeds kept at Lagos State Lands Registry forms part or portion of ALL that piece or parcel of land contained in Survey Plan SEW/L/1797/12X dated 24th of April, 2005 drawn by M.A. SEWEJE, a Licensed Surveyor,
2. A DECLARATION that the Claimants are the persons entitled to the grant of Statutory Right of Occupancy of all that piece or parcel of land situate and being at Ita Balogun and which is more particularly described in Survey Plan No. SEW/L/1797/12X dated 24th April, 2005 and drawn by M.A. SEWEJE Licensed Surveyor.
3. POSSESSION of the said land.
4. AN ORDER of Perpetual Injunction restraining the Defendants, their Servants, Agents and privies from further disturbing in any manner whatsoever the peaceable possession of the said land by the land by the Claimants family.

The facts of the case are reflected on the paragraphs in the amended Statement of Claim vide Pages 161-163 of the Record of Appeal.

At the Trial, the Claimants called three witness and tendered four exhibits while the Defendants called one witness.

Written address were ordered by the Court below which were consequently filed and adopted. Judgment was delivered on the 7th of May, 2007 in which the learned trial Judge gave Judgment in favour of the Claimants, granting all the reliefs sought in the action.

The Defendants, being dissatisfied with the said Judgment, wielded their Constitutional right by filing a notice of appeal in consonance with the Practice Direction of this Honourable Court. The said notice of Appeal is reflected at Pages 327-332 which was filed on the 19th of June, 2007.

The said notice of appeal has in its kitty six grounds of appeal.

The Appellants filed their brief of argument on the 2nd of July, 2008 while the Respondents filed their brief of argument on the 26th of March, 2009.

The Appellants had, in arguing their appeal in his brief of argument proffered six issues for determination, They are:

(1) Whether the failure by the Respondents/Claimants to file written deposition of the Claimants witness No 4 is contrary to Order 32 Rule 1 of the High Court of Lagos State (Civil Procedure) rules 2004(issue 1 is distilled from Ground 1.)

(2) Whether the adoption of the final written addresses on 7th of May, 2007, without considering the written reply filed by the appellants/defendants on the same date i.e 7th of May, 2007 regates principle of fair hearing (issue 2 is gleaned from ground 2).

(3) Whether the Claimants led credible evidence showing the exercise of acts of ownership and possession on the disputed land which were positive and sufficient over a reasonable long period of time as to presume the Claimants owners (issue 3 is distilled from Ground 3).