Mr. Cyril Anosike V. Dr. Babatunde Dinyo (2016)

LawGlobal-Hub Lead Judgment Report

TIJJANI ABUBAKAR, J.C.A. 

This is an appeal against the Judgment of the Lagos State High Court delivered by Obadina J, on the 6th day of December 2011. The Respondent herein who was Claimant at the Court below claimed against the defendant Appellant by his Amended statement of claim dated 25th day of March 2009 the following reliefs:
i. A Declaration that the Claimant is the rightful owner of the land in dispute and covered by Certificate of Occupancy No. 42/42/1998B otherwise known as No. 27 Hakeem Dosunmu Street, Ago-Okota.
ii. A DECLARATION that the entry of the Defendant and his workmen on the land covered by the certificate of Occupancy No.42/42/1998B is unlawful and constitutes trespass.
iii. AN ORDER commanding the Defendant, his servants, Agents/privies howsoever described to vacate the land and/or property forthwith and deliver vacant possession thereof to the claimant.
iv. AN ORDER OF PEREPETUAL INJUNCTION restraining the Defendants either by himself, servants, agents, and/or privies howsoever described from remaining upon the land or otherwise re-entering upon the land and/or property or

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otherwise continuing with any construction work thereon or otherwise disturbing claimant’s propriety rights thereon or from further acts of trespass on the land.
v. AN ORDER for damages for trespass and/or a reasonable compensatory sum for continually occupying the land illegally since 1997 and hurrying the construction of the land illegally in spite of the pendency of this suit seeking to restrain the Defendant from doing so and thereby depriving the claimant its enjoyment and use thereof.
vi. AND for such further Order or other Orders as this Honorable Court may deem fit to make and appropriate in the circumstance.

The Appellant as defendant at the Court below filed his statement of defense and counter-claim dated 23rd day of March, 2009 wherein he counter-claimed against the Plaintiff/Respondent as follows:
i. Declaration that the Defendant Counter/Claimant is the owner in possession of the parcel of land known as Plot 27, Akeem Dosunmu Street, Ago-Okota.
ii. N20,000,000.00 (Twenty million naira) being damages for trespass and the wrongful eviction of the Defendant/Counter-Claimant and family from his house situate at plot 27 Akeem

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Dosunmu Street, Ago-Okota, Lagos from the 5th February, 2002 to the 3rd September, 2002 when the wrongful eviction was set aside by the Honorable Justice Adebajo.
iii. Perpetual injunction restraining the Claimant, Servants, Agents, and/or privies from further disturbing the peaceable possession of the Defendant on the parcel of land situate at plot 27 Akeem Dosunmu Avenue, Okota, Lagos.

At the trial before the lower Court, parties in this appeal tendered documentary evidence and gave oral evidence in support of their respective claims, and upon the adoption of their Final Written Addresses, the Court below delivered its judgment on the 6th day of December, 2017 in favor of the Claimant (now Respondent in this appeal) to the effect that the Respondent is the rightful owner of the land in dispute covered by the Certificate of Occupancy No. 42/42/1998 more particularly delineated in survey plan No. MAL/57A/87 dated 6th May, 1987 known as No. 27 Hakeem Dosunmu Street, Ago Okota, the lower Court also awarded to the Respondent damages in the sum of N100,000.00 for the continuing occupation of land since 1997 and hurrying construction of the building

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despite the pendency of the suit seeking to restrain the Appellant from doing so and the deprivation of the Respondent of enjoyment and use thereof. The lower Court dismissed the Counter-Claim and awarded N20,000.00 as general damages to the Appellant.

The Appellant became aggrieved by the Judgment of the lower Court and therefore filed Notice of Appeal containing 8 grounds of appeal on the 21st day of December 2011. The grounds of appeal filed by Appellant less their respective particulars are reproduced as follows:
1. The Learned Trial Judge erred in law and misdirected himself when he held that the Defendant/Appellant’s plot of land, which is the land in dispute, is the same as that of the Respondent.
2. The Learned Trial Judge erred in law and misdirected himself when he held that Respondent’s purchase receipt i.e. Exhibit D1 from the Okota family is earlier in time and takes priority over the Appellant’s receipt Exhibit D8 from the Okota family.
3. The Learned Trial Judge erred in law and misdirected himself when he held that Exhibit D7’s alteration was inconsequential since the Respondent based his claim on Exhibit P1 and other

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documents.
4. The Learned Trial Judge erred in law and misdirected himself when he held that the Respondent’s land covered by Certificate of Occupancy No. 42/42/1998 and delineated in Survey Plan No. MAL/57A/87 dated 6/5/1987 is now said to be known as No. 27 Hakeem Dosunmu Street, Ago Okota.
5. The Learned Trial Judge erred in law and misdirected himself when he held that the strength of the Respondent case was further buttressed by the fact that the Respondents’ wife Mrs. Mildred Modupe Dinyo owned the plot of land adjacent to the Respondent’s land which fact was never impeached or discredited.
6. The Learned Trial Judge erred in law and misdirected himself when he attached heavy weight on the Report and evidence of Surveyor Agbenla based on Exhibits A, B, and C tendered by him at the trial to arrive at the judgment for the Respondent.
7. The learned trial judge failed to consider the issue of proper identity of land in question in view of the conflicting evidence of the Respondent’s witnesses.
8. The Learned Trial Judge erred in law and not fair to the Appellant when he awarded a sum of N20,000.00 as damages in favour of the

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