Mr. Suleman Maito & Ors V. Madam Yemisi Ogunbodede (2013)

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 Ondo State High Court,Owo Division in Suit No.HOW19/08 delivered on the 8th day of October, 2010.

The Respondent as the plaintiff at the lower court sought for the following declaratory and injunctive reliefs as well as damages for trespass. They are:-

‘(a) A declaration that the orders made in suit No. HOW/21/86 and HOW/31/99 in respect of the land tying and being in Oyoyo farmland along Owo-Ifon Road, Owo particularity verged RED on survey plan No. AB/AD/87/08 are still valid and subsisting in favour of the plaintiff.

(b) A declaration that the defendants are trespassers on the land in dispute.

(c) An order for perpetual injunction restraining the defendants, their agents and or privies from further paying any visits to the land in dispute.

(d) The sum of N1 Million Naira General Damages against the defendants jointly and severally.”

The Appellants as the Defendants at the lower court denied the claim of the Respondent in their amended statement of defence. The 1st and 2nd Defendants/Appellants also counter claimed against the Plaintiff/Respondent. Issues were duly joined and the matter proceeded to trial. At the trial, the Plaintiff/Respondent gave oral evidence as PW1 and 5 other witnesses testified in support of her claim.

Various documents were tendered and admitted in evidence in support of the case of the Plaintiff/Respondent. For the Defendants/Appellants, 1st and 2nd Defendants testified and gave evidence in defence of the action and support of the Counter claim. Four other witnesses also testified on behalf of the Defendants/Appellants some documents were also tendered and admitted in evidence through some of these witnesses.

At the end of the evidence of the parties, respective learned counsel delivered oral addresses. In its judgment, the lower court decided thus:-

“In sum therefore, and in view of all I have said above, the counter-claim of the 1st & 2nd defendants being unmeritorious fails and same is hereby dismissed.

On the other hand, the plaintiff has proved her case as required by law and is entitled to judgment as per her claim. Accordingly, the plaintiff’s case succeeds as follows:-

(a) A declaration that the orders made in Suit No. HOW/21/86 and HOW/31/99 in respect of the land lying and being in Oyoyo farmland along Owo-Ifon Road, Owo particularly verged RED on survey plan No. AB/AD/87/09 are still valid and subsisting in favour of the plaintiff.

(b) A declaration that the defendants are trespassers on the land in dispute.