MR. I. Aremu V. Wadud Ayinde Shinaba & Ors (2014)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

RITA NOSAKHARE PEMU, J.C.A. (Delivering Leading Judgment)

The suit, the subject matter of this appeal was instituted by Writ of Summons dated 13th August 2007 – pages 1-27 of the Record of Appeal.

In paragraph 26 of the Statement of Claim, the Claimants claim against the Defendant as follows:

(1) A declaration that the Claimant are the beneficial owner and therefore entitled to the grant of statutory right of occupancy on the entire property situate at No. 24 Faji Street, Lagos which is particularly described in Survey Plan No. LAT/427/LA/89 dated 20/10/89 drawn by Lat. Survey Consultant, Licenced and Registered Surveyor with Beacon Nos. DAC6154, DAC6155, DAC6166, DAC6157, DAC6158, DAC6159, DAC6159, DAC6160, DAC6161 and thereon edged red.

(2) A declaration that the redevelopment of the portion occupied by the Defendant into 3 storey building without proper building agreement with the Claimants amounts to a trespass and therefore wrongful, unlawful and illegal.

(3) Forfeiture of the Defendant’s right of possession at No. 24, Faji Street, Lagos and an order granting the Claimants the possession thereof.

(4) N500,000.00. Exemplary damage.

(5) Cost of this action – (Page 6 of the Record of Appeal).

The suit was struck out for lack of diligent prosecution by the Court on the 7th day July, 2009, but same was relisted on the 12th of November, 2009 – (Page 102 of the Record of Appeal). The matter was adjourned to the 14th and 15th of December, 2009. Trial commenced. At the end of the trial, the claims, as set out on page 2 of the Record of Appeal were granted. Judgment was entered for the Respondents.

BRIEF FACTS

The Claimants (Respondents) claimed in essence that they are the beneficial owners and therefore entitled to the grant of statutory right of occupancy on the entire property situate at No. 24 Faji Street, Lagos, as well as forfeiture of the Defendant’s interest on the said property.

The Claimants listed 2 witnesses, WADUD AYINDE SHINABA and RUFAI KAYODE GIWA (page 7 of the Record of Appeal). They filed a Statement of Claim also dated 13th August 2007.

The Defendant filed a Statement of Defence on the 5th of October, 2007 (pages 29-32 of the Record of Appeal). He fielded just one witness – ALHAJI MUNIRU AREMU – (Page 44 of the Record of Appeal).

The Appellant is dissatisfied with the Judgment delivered on the 10th of June 2010 and has appealed same.