Mohammed Ojomu V. Salawu Ajao (1983)

LawGlobal-Hub Lead Judgment Report

ANIAGOLU, JSC.

This is another of those cases in which a land-owning family in Lagos sells the same land to several purchasers leaving them to fight the issues in court as to the priorities of their competing interests in the purchased land.

The land involved in this appeal is situate at 8, Iya Ojo Street, Ajegunle Apapa, and was the subject of a survey, the plan of which was tendered before the trial court as exhibit C. The plaintiff contended that the land was ‘leased’ to him by the Ojora Chieftaincy Family in 1961 in which year he went into possession and paid his first rent for which a receipt (exhibit A) was given to him by the family and, thereafter, he paid, uninterruptedly, his yearly rents, enjoying peaceable possession, without let or hindrance, until the interference, by the defendants in October, 1976, complained of.

The plaintiff’s indorsed writ of summons claimed as follows: “The Plaintiffs claim is for:–N20,000.00 special and general damages for the wrongful entry by the defendants in or about October, 1976 on the land situate at 8 Iya Ojo Street, Ajegunle Apapa in the Plaintiffs peaceable possession and for the demolition of the plaintiffs uncompleted building thereon; and for an injunction restraining the defendants, their servants workmen and agents, or otherwise from further entry on the said land or from building any structure thereon.” Pleadings having been ordered, the parties delivered their pleadings which, by reason of their comparative shortness, are reproduced in full.

The statement of claim was dated 9th May, 1977 and reads: “Statement of Claim 1. The plaintiff was and is at all material times in possession of the piece or parcel of land in a place now called 8 Iya Ojo Street, Ajegunle, Apapa. 2. The plaintiff, through Alhaji Tunde, a runner for the Ojora Chieftaincy Family, the landlords, got a lease of the said piece of land from the landlords in 1961 under customary tenure. He paid rents annually and were given receipts all of which except that for 1966 were lost. The 1966 receipt and subsequent receipt will be founded upon.

3. At the time of acquiring the said parcel of land, the area in which it is situate was undeveloped, the only buildings there being Nos. 1, 4 and 10 Iya Ojo Street, Ajegunle, Apapa. 4. Having been put in possession, the plaintiff got the piece of land surveyed in 1964. The plan will be founded upon. 5. The plaintiff employed Alhaji Tunde as contractor to fill up the land which was very low lying and to construct a building thereon. He paid to the contractor the sum of 400 now 44 800.00 for the filling and the sum of £5,000 now N10,000.00 as part payment for the construction of the house. The contractor’s receipts for these sums will be relied upon.

6. The contractor filled the plot and constructed the building up to the window level in accordance with the building plan No. ROM/3/44 which will be founded upon. 7. In October, 1976 labourers were seen demolishing the uncompleted building. They said they were employed by the 1st defendant to do so. The 1st defendant confirmed this statement at the Police Station Ajegunle, The plaintiff did not permit anybody to enter on the land. The plaintiff caused photographs of the demolished building to be taken and this will be founded upon. 8. The plaintiffs building having been demolished, the 2nd defendant began to build a house on the land and is still building. 9. By reason of the above premises the plaintiff suffered loss and damage.

PARTICULARS DAMAGES: Special Cost of filling…………N800.00 Cost of building…………..N10,000.00 ………..N10,800.00 General……………..N9,200.00 Total ……………………………………………………………………N20,000.00 10. Wherefore the plaintiff claims from the defendant jointly and severally:- (a) The sum of N20, 000.00 being special and general damages for trespass. (b) An Injunction restraining the defendants their servants, agents or workmen or otherwise from further acts of trespass on the land or from building any structure thereon. Dated this 9th day of May, 1977. (Sgd.) M. NWOKEJI Plaintiffs Solicitor, 100 Bale Street, Ajegunle, Apapa.”

It was replied in a statement of defence dated 29th September, 1977 filed, pursuant to an order granted for extension of time within which to file the defendants’ statement of defence. This was the statement of defence which, again by reason of its relative shortness, is reproduced in full:

“STATEMENT OF DEFENCE FILED BY THE 1ST & 2ND DEFENDANTS 1. SAVE as herein expressly admitted the defendants deny each and every allegation of facts set out in the plaintiffs Statement of Claim as if each were set out and traversed in seriatim. 2. The defendants deny paragraphs 1, 2, 4, 6, 7, 8 and 9 of the Statement of Claim. 3. The defendants are not in position to admit or deny paragraphs 3 and 5 of the Statement of Claim but put the plaintiff to the strictest proof thereof. 4. The defendants aver that the plot of land in dispute was demised for a term of fifty (50) years by the Ojora Chieftaincy Family to the second defendant under and by virtue of a Deed of Lease registered as No. 45 at page 45 in Volume 1591 of the Register of Deeds at the Lands Registry, Lagos. 5.

The defendants aver that prior to the leasehold interest granted to the second defendant the land in dispute was in possession of the Ojora Chieftaincy family who sometime in 1976 put the second defendant into possession thereof. 6. With reference to paragraph 7 of the Statement of Claim the defendants aver that the plaintiff was never in possession of the land in dispute and that none of the defendants ever demolished any structure on the land.

7. The defendants aver that the first defendant is a principal member of the Ojora Chieftaincy Family the owners of the land in dispute and contend that the plaintiff has no cause of action against any of the defendants. 8. The defendants aver that the second defendant is the only tenant of the Ojora Chieftaincy Family who is in lawful and exclusive possession of the land in dispute and has now developed the land by erecting thereon building costing over N60,000.00 with the knowledge, consent and approval of the owners of the land. (EXHIBIT A REFERRED TO) WHEREFOR the defendants contend that the plaintiff’s case is mis-conceived and that the plaintiff is not entitled to the relief claimed.

Dated this 29th day of September, 1977. (Sgd.) FEMI ALOKOLARO & CO. Defendants’ Solicitors, 11, Martin Street, (3rd Floor), Lagos.” Each party gave evidence in support of his pleadings. The plaintiff, in addition to his evidence, called five witnesses which included the licensed surveyor (one MARCELIN AUGUSTINE SEWEJE P. W. 2) who surveyed the land for him and produced a plan, Exhibit C; two members of the Ojora Chieftaincy Family, JIMOH AKINDELE OJORA (P.W.3) and ABUDU YEKINI LAWANI (P.W.4); the PAGE| 3 mason who built the uncompleted house for him on the land, one ALHAJI GANIYU OLATUNDE, and a policeman, one David Afolabi Ojo.

The defendant, apart from his own evidence called a member of the Ojora Chieftaincy Family who described himself as ‘the Supervisor to the Ojora Chieftaincy Family Estate, ‘one ALHAJI ABDUL LASISI OJORA and his licensed surveyor, MICHAEL OLUDAYO AKANMU. Alhaji Lasisi testified to the Deed of Conveyance of the land in dispute to the defendant (Exhibit F) while surveyor Akanmu testified to a survey plan made by another licensed surveyor to whom he was attached, one A. B. Apatira, but who was not called -a survey plan rejected by court as inadmissible.