Micheal Idowu V. Dr Rapheal Akin Ajayi & Ors (2016)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

MOHAMMED AMBI-USI DANJUMA, J.C.A. (Delivering the Leading Judgment)

This is an appeal against the judgment of the High Court of Ondo State sitting at Akure delivered by Hon. Justice A. Adetosoye on the 24th day of May, 2000.

The appellant was the 10th defendant at the trial Court along with 9 others who are now respondents herein together with Dr Raphael Akin Ajayi, the plaintiff thereat.

The action commenced by a writ of summons dated 18th of December, 1998. Plaintiff filed an amended statement of claim dated and filed 6th July, 1994 while the defendant filed his amended statement of defence and counter claim on 20th May, 1994. See Pages 38 ? 43 and 44 ? 46 respectively.

?The plaintiff claimed against the defendants jointly and severally for

(a) The sum of N2,000,000.00 (Two Million Naira) being general damages for trespass committed by the defendants on the plaintiff’s plot or the piece of land between the months of May, June and July, 1988 at Akure at Oluguatoloye Tutugbua Family layout along Akure, Ondo Road, Akure and which trespass still persists.

(b) An order of perpetual injunction restraining the

1

defendants’ their servants, agents and/or their privies from entering upon or having anything whatsoever to do on the said piece or parcel of land of the plaintiff.

In the cause of doing his case, the plaintiff called four witnesses and testified for himself as the PW5. He tendered Exhibits ‘A’, ‘B’, ‘C’, ‘D’, ‘E’, ‘F’, ‘G’ – G1, J and K. The appellant on the other hand who was the 10th defendant thereat called three witnesses who testified before the lower Court. Appellant tendered ID1 which was later rejected by the Court.

It was against the judgment of the learned trial Court in favour of the plaintiff and against all the respondents that the 10th respondent, herein the appellant in dissatisfaction approached this Court vide an amended notice of appeal dated 17th day of November, 2008 and filed 28th November, 2008 containing five (5) grounds of appeal.

SUMMARY OF FACTS:

The 1st respondent in this case was at all the material time to this action a purchaser of the land in dispute in this case from some of the members of the family of the 2nd to 6th respondents.

The appellant in the case was at all the material time to this action also a purchaser of the land in dispute in this case from the Head of Family and Principal member of the family of the 2nd to 6th respondents