Mr Olaolu Amusan Ayoola V. Mr Gabriel O. Ajibare (2012)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

PAUL ADAMU GALINJE J.C.A. (Delivering the Leading Judgment)

The Respondent herein, who was the Claimant at the High Court of Kwara State sitting at Ilorin, claimed against the Appellant as per the writ of summons and the statement of claim both filed on the 29th day of November 2010, the following reliefs:-

“a. A declaration that the claimant is the bonafide alottee of a piece of land situate, lying and being at the University of Ilorin Temporary site layout; as described in the allocation paper issued by the Kwara State Town Planning and Development Authority, Ilorin dated 12/6/85.

b. An order declaring null and void any subsequent sale, allocation or assignment of any part or whole of the said land to the defendant without the permission, consent or authority of the claimant as well as the destruction of the Claimant’s development on the land.

c. An order of this honourable court directing the removal or demolition of the structure erected or affixed on the land by the defendant, his agent and privies.

d. Special damages in the sum of Eighty-Nine Thousand Naira Only (N89,000.00) being the current cost of the following claims

i. 200 pieces of building block (9 inches) at N100 N 20,000.00

ii. Bags of cement at N1,500 N22,500.00

iii. 1 load of gravel N9,000.00

iv. 1 load of sharp sand N4,000.00

v. 1 load of soft sand N3,500.00

vi. Workmanship N30,000.00

= = = = = = =

N89,000.00