Mr. Ezekiel Alaba Ajayi V. Mr. Olawale Olowu (2010)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

REGINA OBIAGELI NWODO, J.C.A. (Delivering the Leading Judgment)

The Appellant as the claimant initiated proceedings filed 28-6-07 in the High Court of Lagos State against the Respondent as the Defendant at the court below wherein he claims the following:

“(a) A declaration that the Claimant is the person entitled to the grant of statutory right of occupancy in respect of all that landed property lying, being and situate at Iju Road, Ifako Ijaiye and more particularly reflected on Survey Plan No. AB/244/2007/LA dated 2nd March, 2007.

(b) An Order of perpetual injunction restraining the Defendant whether by himself, servants, agents, privies, representatives from entering upon, further, entering upon the Claimant’s aforesaid landed property aforesaid in a way and manner inconsistent with the Claimant’s proprietary rights in the aforesaid land.

(c) N2,000,000.00 (two million naira) being legal cost of this action .

(d) Further and other reliefs”.

Appellant filed the written depositions of his witnesses and copies of documents in support of his case in line with the High Court Rules of Lagos State. The Respondent entered a conditional appearance on the 21st day of August 2007 and filed a Notice of Preliminary Objection dated and filed 21st August 2007 wherein he raised the following objection. I reproduce:

“The Honourable Court lacks jurisdiction to entertain the Suit for the following reasons, to wit:

(a) The Suit is caught by the principles of res Judicata.

(b) The Suit is an abuse of court process.

GROUNDS FOR PRELIMINARY OBJECTION

(1) The subject matter and issues raised had been previously decided upon between the parties by this court in Suit No. ID/2072/98 E.A. Ajavi v. O. Olowu.

(2) The Judgment in Suit No. ID/2072/98 denied both parties title but found the defendant’s father to be entitled to possession of the land in dispute.

(3) Claimant did not appeal against the judgment but rather has been disobeying it.