Lawal Oladapo Adebayo V. Madam Ayisat Adebola Olajogun (2016)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

HARUNA SIMON TSAMMANI, J.C.A. (Delivering the Leading Judgment)

This is an appeal against the Ruling of the Ogun State High Court, Ota Judicial Division, delivered by Catherine Ogunsanya, J on the 21st day of June, 2012. By the said Ruling, the learned trial Judge set aside the judgment of the same Court delivered on the 27/10/2009 by T. A. Okunsokan, J.

Before the Ogun State High Court, one Mr. Jeremiah Oludamilare Oke took out a Writ of Summons and Statement of Claim seeking for sundry reliefs as contained at Paragraph 14 of the Statement of Claim filed on the 16/7/2009. The said Statement of Claim was subsequently amended by order of Court. It was filed on the 27/10/2008. By the Amended statement of claim, the plaintiff/Appellant claimed as follows:

“(a) Declaration that the claimant is the owner by purchase and is entitled to the statutory Right of Occupancy of all parcel of Land measuring 1,39.586sq. Mts and known as Plot 7 and 10 on Alhaji Azeez Ajani Bello Family Layout situate, lying and being at Oke Aro/Akute Road, Baale Akinosi Village, Akinbo in Ifo Local Government Area of Ogun State and covered by

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Certificate of Occupancy Registered as No.40 in Volume 659 of the Certificate of Occupancy of the land Registry at Abeokuta.

(b) The sum of N1 Million Naira as special and General Damages for trespass committed by the Defendant to the said parcel of land when they invaded Plot 10 of the land vit-et-armies, broke down the fence and started the construction of a building thereon.

(c) Special Damage:

(i) Cost of 100 bags of cement at N1,400.00 per bag – N140,000.00

(ii) 3 Loads of Dagboh at per load 5,000 – N15,000.00

(iii) 7 Loads of Sharp Sand at N7,000.00 per load – N49,000.00

(iv) 2 tons of Iron Rods with transportation – N252,500.00

Sum – N456,500.00

General Damages- N543,500.00