Mr. S.B. Olaleye V. Trustees Of Ecwa (2010)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

SOTONYE DENTON-WEST, J.C.A, (Delivering the Leading Judgment)

This is an appeal against the judgment of the High Court of Justice of Kwara State sitting in Omu-Aran in suit No. KWS/OM/11/2007, delivered by Hon. Justice A.O. Bamigbola, on 30/1/09.

The respondent instituted an action at the lower court, claiming against the appellant the following reliefs as contained in paragraph 15 a, b, c & d of the statement of claim thus:

a. the ejection of the defendant from the ECWA land.

b. general damages of One Million Naira for trespass committed and still being committed by the defendant.

c. perpetual injunction restraining the defendant from further trespass on the claimant’s land.

d. such further or other order(s) as the Honourable Court may deem fit to make in the circumstances.

The appellant filed his defence and counter claimed, asking for the following declarations and order.

i. A declaration that the defendant is the rightful owner of the piece of land next to the claimant’s new church at Isapa, the same having been granted to him by Ile Aofin section of Iliya compound being the customary owners thereof.

ii. A declaration that the customary right of occupancy number 122 issued to the claimant by the Ekiti Local Government of Kwara State in respect of the land is no longer subsisting or effective to vest ownership of the land in the claimant herein. The same having been nullified by the said Ekiti local Government.

iii. An order of perpetual injunction, restraining the claimant, either by herself or through her Isapa local church, agents or privy, successor in title or any person(s) whosoever from trespassing on the land of the defendant and/or from disturbing the peaceful enjoyment of the land by the defendant.

Judgment was delivered in favour of the respondent allowing their claims and dismissed the counter claim of the appellant.

Dissatisfied with the aid judgment, the appellant therefore appealed to this court by filling a notice of appeal with nine grounds of appeal and prayed that this court allow his appeal and substitute the order of the lower court with a dismissal of the respondent’s claims at the lower court and grant the counter-claim of the appellant. The appellant formulated the following two issues for determination:-

1. Whether having reward to the evidence adduced in this case, the learned trial judge was not wrong n giving judgment to the respondent on his claim. Grounds 1, 2, 3, 4, 5, 6, 7 and 8.
2. Whether the learned trial judge was not wrong in dismissing the counter-claim of the appellant in the circumstances of this case.

The respondent on the other hand formulated the following six issues for determination: