Mr. Bayo Mayaki V. Mr. Nurudeen Issa & Anor (2012)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

TIJJANI ABDULLAHI (PJ), J.C.A. (Delivering the Leading Judgment)

This is an appeal against the judgment of Honourable Justice Mahmud Abdul-Gafar (J), of Kwara State High Court, Ilorin, in Suit No. KWS/34/2008 delivered on 25/6/2010, whereof the learned Judge found for the Respondent (who was the claimant at the court below), and dismissed the counter-claim of the 1st Defendant, now Appellant.

At the lower court, the Respondent had claimed the total sum of One Million Naira (N1, 000,000.00) as general damages and N752, 000.00 special damages against the Appellant and 4 other defendants for alleged destruction of his property at Alagbado along specialist Hospital Road, Ilorin, Kwara State. The Appellant had denied the claim and rather counter-claimed for possession of the land, covered by the customary right of occupancy No. 1508 issued/granted by Ilorin South Local Government on 12/11/2006 declaration that he was bonafide owner of the land and an order setting aside the “Deed of agreement” between the 2nd Respondent and the claimant and the annexure attached to the claimant’s statement of claim titled Residential/Commercial Layout at Alagbado Specialist Hospital Road dated 10/3/2002 and 15/5/2007 respectively.

The Appellant also sought an order mandating the claimant (Respondent) to remove his structure, building materials, gravel, sand and any other things placed on the land by him, his agents, privies and workmen, and for perpetual injunction.

The Claimant, as per his amended statement of claim filed on 12/1/2009, claimed as follows from the 5 Defendants of which the Respondent was the first:

“(I) claim of special damages in the sum of N752, 000.00 being the cost of the following items:

(1). Land N110, 000.00

(2). Blocks 500 N70, 000.00 N350, 000.00

(3). 50 Bags of cement N1, 400.00 each N70, 000.00

(4). 4 Loads of gravel N7000.00 each N28, 000.00

(5). 4 Loads of shaft (sic) sand N3, 500.00 each N14, 000.00

(6). 4 Load of soft sand N3000.00 each N12, 000.00

(7). Workmanship N150, 000.00

(8). Water. N18, 000.00