MR. Dapo Oyewunmi V. MR. Charles Afamefuna Chukwuemeka Ofili (2016)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

YARGATA BYENCHIT NIMPAR, J.C.A. (Delivering the Leading Judgment)

This appeal is against the Ruling of the Lagos State High Court delivered on the 23rd September, 2009 by HON. JUSTICE Y. A. ADESANYA. Dissatisfied with the ruling, the Appellant filed an Amended Notice of Appeal dated 5th day of March 2015 filed on the same day setting out a sole ground of appeal which generated a sole issue for determination.

The Respondent took out an action against the Appellant by way of writ of summons supported by a statement of Claim seeking the following:

“WHEREOF the claimant claims against the Defendant as follows:

a. An Order that the Defendant gives vacant possession of the 3 bedroom detached house situate, lying and being at No. 7B, Hawksworth Road, Ikoyi Lagos State to the Claimant forthwith.

b. The sum of N200,000 for the renovation and repainting of the above mentioned property.

c. The sum of N166,667 being the mesne profit per month from 1st August 2007 until possession is finally given up by the Defendant.

d. The sum of N500,000.00 being the cost of this suit.”

The Appellant filed a Statement of defence denying

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liability and by paragraphs 9 and 10 he averred as follows:

“9. The Defendant states that the Claimant has no locus standi to maintain this action since he is neither the legal or beneficial owner of 7B Hawkeworth Road, Ikoyi, Lagos, the property in question neither is he an executive nor personal representative of the deceased owner of the property in question and at the trial of this suit the Defendant will request that this issue be set down as a preliminary issue to be decided by this Court before proceeding to trial.

10. Further to paragraph 9 above, the defendant states that the action is now statute barred even if brought by a lawful beneficiary executor, or personal representative since this action was brought on the 27th day of March 2008, more than 12 years after the cause of action arose and outside the prescribed statutory period of within which this suit ought to have been instituted to recover the property. Again at the trial of this suit, the defendant will request that this issue be set down as a preliminary issue to be decided by this Court before proceeding to trial.?

?Pursuant to those paragraphs, the Appellant

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