Martha Udusegbe V. Julius Tugba (2010)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

GEORGE OLADEINDE SHOREMI, (J.C.A) (Delivering the Leading Judgment)

This matter which has now culminated in this court was commenced by the Plaintiff now Respondent at the High Court of Warri Judicial Division where by Suit No. W/111/91 the Plaintiff claimed as follows:

“Wherefore, the Plaintiff claims against the Defendant as follows-

i) Possession of the said part of Plaintiffs piece of land measuring 35ft x 100ft.

ii) A declaration that the 1st Defendant having denied the Plaintiff’s title to the aforementioned piece of land let to her by the Plaintiff forfeits her tenancy therein

iii) Permanent injunction restraining the defendants, their agents, Privies or servants from further entering the said land, or any part thereof and/or constructing or building any structures, permanent or temporary, on any part thereof.

iv) Mesne profit at the rate of N250.00 (two hundred and fifty Naira) per month from the month of November, 1991 until possession is given.

DATED this 20th day of May, 1992.

The case of the Respondent as Plaintiff in the lower court is that the Plaintiff is the owner and landlord of the undeveloped plot of land known as plot 48, Block L111, Igbudu Market, Warri, a place within the jurisdiction of the lower court. The Plaintiff became vested with title to the piece or parcel of land in dispute vide a Deed of Assignment dated 9th January, 1989 and registered as No. 18 at page 18 in Volume 763 at the Lands Registry, in the office in Benin City now Asaba.

The Plaintiff/Respondent let part of the aforesaid piece or parcel of land to the 1st defendant (appellant herein), the 1st defendant paid rent for one year in respect of the portion of the land let to her. The rent receipt is Exhibit C in the proceedings in the lower court.

The defendant/appellant however denies the title of the respondent as the owner/landlord. The defendant/appellant’s case is that she acquired the residue of the interest/ title to the land from the respondent.

The Plaintiff/respondent’s statement of claim is at pages 2(b) – 3 of the records. The amended statement of defence of the defendant/appellant is at pages 13-24 of the records.

The Plaintiff (now respondent) called three witnesses who testified.

The defendant (now appellant) testified and also called four witnesses who testified as DW2, DW3 and DW4 respectively. Their evidence are set out at pages 10, 11 and 27 -31.