MR. Oke Ojo Oyedele V. MR. Michael Odumosu (2016)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

ALI ABUBAKAR BABANDI GUMEL, J.C.A. (Delivering the Leading Judgment)

This is an appeal against the judgment of the Ogun State High Court delivered on 10th January, 2014 in suit No. HLC/4/2011. The Respondent herein was the claimant before the High Court of Ogun State.

By Paragraph 13 of the Amended statement of Claim dated 28/5/12 that filed on 30/05/2012, the claimant sought against the defendant, Appellant herein as follows:-

“19(1) A Declaration that the Claimant is entitled to confirmation of the statutory right of Occupancy already granted by Ogun State Government to all that parcel of land situate, lying at being at Idi-Iroko, Ogun State containing an area of about 7 hectares and more particularly delineated and shown on survey Plan No. SWE/2479/4 drawn by Surveyor Soweje (Licenced Surveyor) annexed to both Certificates of Occupancy in Volume 340 and 342 of Land Registry at Abeokuta Ogun State and dated 3rd of August, 1985.

(ii) An order, setting aside the purported sales transfer and/or alienation of any part of the Claimant?s land to any person and/or group of person by the defendant.

(iii) The

1

Claimant?s claim as special damages the sum of N2,000,000.00 (Two Million Naira only) from the defendant of the destruction and damages of the Claimant?s land.

(iv) An order of perpetual injunction restraining the defendant and his thugs from tampering, alienating, entering, altering and/or doing anything whatsoever with the Claimant?s parcel of land situate, lying and being at Idi-Iroko Ogun State containing area about 7 Hectares and more particularly delineated and shown on Survey Plan No. SEW/2479/4 drawn by Surveyor Soweje (Licensed Surveyor) annexed both Certificate of Occupancy in volume 340 and 342 of the Land Registry at Abeokuta, Ogun State and dated 3/8/1985.”

Against this claim the Defendant/Appellant filed a statement of defence and further counter-claim as follows:-

“a) Declaration that all that land covered by Certificate of Occupancy No. 0001131 and 00011090 both of 3rd August, 2010 wrongly and unlawfully issued in favour of the Claimant is property of the defendant family.

b) An Order of Court declaring the purported sale of land to the claimants as null and void.

c) An order of Court setting aside the

2