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

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

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

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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