M.T.A. Liman V. Alhaji Shehu Mohammed (1999)

LAWGLOBAL HUB Lead Judgment Report

E. OGUNDARE, J.S.C 

This appeal raises once again the propriety of a court granting to a party a relief that party has not claimed nor applied for. The Plaintiff, who is an appellant before us, had sued the Defendant (now respondent) claiming, as per paragraph 10 of his amended statement of claim:

“(i) A declaration that he has title over plot No.358, Sani Mai Nagge covered by Certificate of Occupancy No. LKN/RES/82/2281.

(ii) A declaration that the defendant is a trespasser over the land and therefore has no right to continue occupying the land or build, construct or erect any structure over the land.

(iii) A declaration that the defendant has no right to claim anything from the plaintiff in respect of the building the defendant started over the land.

(iv) Damages limited to the sum of N50,000.00 for trespass.”

The Defendant resisted the claim and in his statement of Defence, set up a counterclaim whereby he claimed as per paragraphs 18 and 19:

“18. The Defendant avers claiming from the plaintiff all sums of money spent on the development of the said plot No.558 Sani Mai Nagge as follows:-

(a) N7.000.00 as per receipt dated 3/3/81

(b) N6.000.00 being money spent on purchase of sand for levelling to shape the said plot No.358.

(c) N20.000.00 being sum expended on the development of the said plot No.358 to its present stand and stage.

Total N33,000.00

19. AND the Defendant claims from the plaintiff the total sum of N33,000.00 ”

Evidence was led on both sides at the trial and after addresses by learned counsel for the parties, the learned trial Judge found against the Plaintiff and in favour of the Defendant. He adjudged in favour of the latter as follows:

“A specific performance is hereby decreed against the plaintiff to execute a proper deed of Conveyance in favour of the defendant:’