Mr. Titus Adekayaoja V. Mr. Jacob Olayemi Fakeye (2012)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

TIJJANI ABDULLAHI, J.C.A. (Delivering the Leading Judgment)

This is an appeal against the judgment of the Kwara State High Court of justice holding at Ilorin in suit No. KWS/194/99, (coram) O. Ajayi (J) delivered on the 24th day of February, 2005.

The Respondent was the plaintiff whilst the Appellant was the defendant in the lower court. The respondent by his writ of summon filed on the 19th Day of November, 1999, sued the Appellant herein and claimed the following reliefs:

1) A declaration that the plaintiff is the owner of a piece of land situate and being at Okedaba Area, off Erinle Street Gaa Akanbi Ilorin.

2) A declaration that the defendant is a trespasser to the said land by his act of going to the land to erect building on the land.

3) A declaration that the defendant and all his privies agents and servant should vacate the said plot of land.

4) A declaration that any purported grant of certificate of occupancy on the land in favour of the defendant is null and void.

5) A perpetual in junction restraining the defendant his privies agents and servants from entering the land to do anything whatsoever.

The Respondent as plaintiff and the Appellant as defendant filed their statement of claim and defence respectively and the case proceeded to hearing. The Respondent in support of his case called four witnesses and tendered three Exhibits marked Exhibit 1, 2 and 3. The Appellant called three witnesses and tendered five documents and marked exhibits D1, D2, D3, D4 and D5. The Respondent’s statements of defence are contained on pages 51-57 of the record.

In a reserved Judgment delivered on 24th day of February, 2005, the learned trial Judge found for the Respondent and held inter-alia thus:

“I hereby declare as prayed by the plaintiff that Mr. Jacob Olayemi Fakeye is the owner of the piece of land situate and being at Okedaba Area off Erinle Street Gaa Akanbi, Ilorin.”

Aggrieved by the decision of the learned trial judge the Appellant filed a notice of appeal consisting seven grounds and sought for the following reliefs:

“(a) Allow the appeal

(b) Set aside the judgment of the trial court.