Mr. Michael Aiyeola V. Mrs. Ramota Yekini Pedro (2014)

LAWGLOBAL HUB Lead Judgment Report

MARY UKAEGO PETER-ODILI, J.S.C.

This is an appeal against the judgment of the Court of Appeal, Lagos Division delivered on the 19th day of December, 2002 at which the Court below set aside the judgment delivered by the trial High Court per L A. Sotuminu J (as she then was) on the 23rd day of September, 1994.

FACTS:

The Respondent as plaintiff at the trial High Court of Lagos commenced an action against the Appellant as Defendant through a writ of summons and statement of claim dated the 20th day of February,1990 wherein she claimed as follows:-

(a) A declaration that the plaintiff is entitled to statutory right of Occupancy in respect of the piece of land and building thereon situate, lying at Igbede Road, Ajagbadi Elem Hause Village in Ojo Local government Area of Lagos State and which is more particularly described and delineated on the Survey Plan filed with the Statement of Claim.

(b) Order for possession of the said piece of land and building thereon.

(c)Perpetual Injunction restraining the Defendant, his servants or agents and any other persons purporting to claim under or through him from further committing acts or interfering with Plaintiff’s right and interest in or over the property in dispute.

Reacting to the Statement of claim, the Defendant filed a 20 paragraph Statement of Defence dated the 13th day of March, 1990 where he contended that the plaintiff’s claims are frivolous, vexatious, speculative and constituted an abuse of Court process and that same should be dismissed with cost.

At the trial, the Respondent testified for herself and called two witnesses, while the Appellant testified for himself and called one witness.

At the conclusion of trial and the final addresses of counsel to the respective parties, the learned trial judge dismissed the case of the plaintiff on the ground that the plaintiff failed to prove the claims.

The Plaintiff as Appellant appealed to the Court of Appeal being dissatisfied with the decision of the trial High Court. The Court of Appeal or Court below allowed the appeal and set aside the decision of the Court of trial. The Defendant/Respondent in the Court below has now appealed to this Court on a six ground of appeal which grounds would be recast here with the particulars thus:-

GROUNDS OF APPEAL:

GROUND 1:

The Court of Appeal erred in law and on the facts in allowing the Appeal when from the totality of the evidence on record the Respondent did not prove the identity of the land in dispute.