Mr Musibau Shittu v. Mr Joseph Olajide Adeyanju & Ors (2024)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

PETER CHUDI OBIORAH, JCA (Delivering the leading judgment)

This is an appeal against the judgment of the High Court of Ogun State delivered on the 9th day of February, 2017 by Honourable Justice B. A. A. Bakre. The brief facts of the case is that the 1st and 2nd respondents are brothers.

The 1st respondent is based in the United Kingdom and through the 2nd respondent bought the land in dispute from the 3rd respondent who claimed that he acquired the land from the Asero Chieftaincy family in 1992.

It is the case of the 1st and 2nd respondents that they took possession of the land and sometime later the appellant came on the land and chased away the workers of the 1st and 2nd respondents claiming that the land belongs to him.

This situation made the 1st and 2nd respondents, as claimants, to commence an action against the 3rd respondent (their vendor) and the appellant, as defendants, whereby they sought for the following reliefs:

a) A declaration that the 1st claimant is the person entitled to the statutory right of occupancy in respect of all that parcel of land measuring 664.668 square meters covered by Survey Plan No. KDA1/OG/52/92 dated 17/2/92 lying and being at 161, Ojodu Akute Road, Alausa-Adiyan, Akute, Ogun State.

b) An injunction restraining the 2nd and 3rd defendants whether by themselves, their servants, agents and or representatives from laying claim of ownership to all that parcel of land measuring 664.668 square meters covered by Survey Plan No. KDA1/OG/52/92 dated 17/2/92 lying and being at 161, Ojodu Akute Road, Alausa-Adiyan, Akute, Ogun State.

c) An injunction restraining the 2nd and 3rd defendants whether by themselves, servants agents and/or representative from interfering in any manner whatsoever with the claimants use and occupation of the land in dispute.

d) The sum of N2,000,000.00 (Two million Naira) being general and special damages.

Alternatively, to relief (a) – (d) above

e) A declaration that the 1st defendant has an obligation in law to transfer valid title to the 1st claimant in respect of all that parcel of land measuring 664.668 square meters covered by Survey Plan No. KDA1/OG/52/92 dated 17/2/92 lying and being at 161, Ojodu Akute Road, Alausa-Adiyan, Akute, Ogun State.

f) A declaration that the 1st defendant is in breach of the contract of sale of the plot of land measuring 664.668 square meters covered by Survey Plan No. KDA1/OG/52/92 dated 17/2/92 lying and being at 161, Ojodu Akute Road, Alausa-Adiyan, Akute, Ogun State.

g) The sum of N6,500,000 (Six Million Five Hundred Naira) being special and general damages for the breach of contract for the sale of all that parcel of land measuring 664.668 square meters covered by Survey Plan No. KDA1/OG/52/92 dated 17/2/92 lying and being at 161, Ojodu Akute Road, Alausa- Adiyan, Akute, Ogun State.

The action was originally against three defendants but the 3rd defendant was reported to have died during the litigation and he was withdrawn from the suit. The 1st defendant, now the 3rd respondent, did not file any defence to the suit. The appellant filed his defence to the suit and entered a counter claim in the following terms: