Mrs. Abiodun E. Aisien V. Mr. Robson Emmanuel Akinnuli & Anor (2012)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

HELEN MORONKEJI OGUNWUMIJU, J.C.A. (Delivering the Leading Judgment)

This is an Appeal against the Judgment of Honourable Justice H. A. O. Abiru of the High Court of Lagos State delivered on the 9th day of May, 2005. The facts that led to this appeal are as follows:-

There were three claims before the trial court; the Claimant’s claims, the counterclaim of the first Defendant and the counterclaim of the second Defendant. The Claimant filed an amended statement of claim for the following reliefs:-

(i) A declaration of title to the entire piece of land with all its appurtenances measuring approximately 567.665 square meters known as No.210, Badagry Expressway, Ojo shown on survey plan No. SJA/095/92/L with a statutory right of occupancy dated the 18th of October 1998 and registered as No.55 at page 55 in Volume 1998L of the Register of Deeds at the Lands Registry, Alausa, Ikeja.

(ii) An order directing the second Defendant or in her stead the Chief Registrar of the High Court of Lagos State to sign a Deed of Rectification to incorporate a new survey plan to rectify the survey plan No. SJA/095/92/L annexed to the statutory right of occupancy registered as No.55 at page 55 in Volume 1998L and Deed of Assignment registered as No. 77 at Page 77 in Volume 2055 of the Register of Deeds at the Lands Registry, Alausa, Ikeja.

(iii) A mandatory injunction ordering the Defendants, their privies, agents, servants or otherwise howsoever to desist from further trespassing on the said piece of land on which they are trespassing already.

(iv) An order of perpetual injunction restraining the Defendants by themselves, privies, agents, servants, assigns or whosoever claiming or acting under their authority from trespassing or continuing any other acts or omissions interfering with the Claimant’s legal or equitable titles.

(v) An award of the sum of N5 million as general damages for trespass from the Defendants jointly and severally.

The first Defendant in response filed an amended Statement of Defence and Counterclaim dated the 23rd of June 2004 with the statement of defence consisting of twenty-five paragraphs and the counterclaim consisting of two paragraphs. By the counterclaim the first Defendant prayed for:-

(i) A declaration that the second Defendant having earlier assigned a piece of land together with fourteen shops at Costain Road, Lagos Badagry Expressway Road, Ojo Town, Olubuade Plank Market measuring approximately 683.215 square meters lacked capacity to subsequently transfer or assign the same land with the shops to the Claimant.

(ii) A declaration that the first Defendant being first in time to the Claimant is the equitable/legal owner in possession and entitled to continue with the possession of the land on which fourteen shops were erected measuring approximately 683.215 square meters at Costain Road, Olubuade Plank Market, Badagry Expressway, Lagos.

(iii) An order setting aside the transfer of the parcel of land on which fourteen shops were erected by the second Defendant to the Claimant and all documents relating thereto.

(iv) An order of perpetual injunction restraining the Claimant and the second Defendant, their privies, agents, servants or otherwise howsoever from disturbing, trespassing or interfering with the first Defendant’s possession and ownership of the land measuring approximately 683.215 square meters on which fourteen shops were built at Costain Road, Olubuade Plank Market, Ojo Town, Lagos.

The second Defendant, in her response, filed an amended Statement of Defence and Counterclaim dated the 21st of October 2004 and it consisted of fifteen paragraphs. By her counterclaim, the second Defendant prayed for an order setting aside the purported Deed of Assignment dated 6th of August 1999 and the Agreement dated the 15th of July 1999.