Mr. Bolaji Akanbi V. Mr. Peter Osset (2011)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

TIJJANI ABDULLAHI, JCA (Delivering the Leading Judgment)

This is an interlocutory appeal against the Ruling of the High Court of Justice, Ilorin Division delivered on 20th day of April, 2009 by M. A. Afolayan J., where the underlisted documents were tendered but rejected:

(a) Deed of Assignment dated 12th June, 1999.

(b) Permit to Alienate Land No. 4278; and

(c) Handwritten Statement of Late Dr. Maiye

The facts of the case as can be gathered from the Record of Proceedings are that: The Appellant as Plaintiff at the trial Court took out a Writ of Summons together with the Statement of Claim against the Defendant herein called the Respondent. The claim of Appellant against the Respondent as contained on pages 4-5 of the Record is as follows:

“(a) A declaration that the possession/occupation of the said landed property by the Defendant is

– unlawful, null and void.

(b) A declaration that any Right occupancy or certificate of occupancy and any other documents

obtained by the Defendant in respect of the landed property is null and void.

(c) A declaration that the trespass and demolition of the said landed property of the plaintiff is unlawful.

(d) A declaration that the Plaintiff is the only person entitled to the Right of occupancy/certificate of occupancy on the land measuring 100ft by 100ft and the building thereon lying and being situate along Mohammed Abduilahi Road, Fate Village, Ilorin, Kwara State.

(e) An order of general and special damages in the sum of N2,000,000.00 for demolition and trespass committed by the Defendant to the plaintiff’s landed property”.

During trial, the Appellant’s counsel through PW1 sought and tendered the following documents: