Mrs Bukola Onabule V. Prince Olusanya Sanya (2016)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

YARGATA BYENCHIT NIMPAR, J.C.A. (Delivering the Leading Judgment)

This is an appeal against the judgment of the Lagos State High Court presided over by HON. JUSTICE M. O. OBADINA delivered on the 25th day of April, 2007 wherein judgment was entered for the Respondent (Claimant at the Lower Court) and the counter claim dismissed. Dissatisfied with the said judgment the Appellant filed an Amended Notice of Appeal setting out 5 grounds of appeal.

The brief facts to this appeal are that the Respondent as Claimant before the trial Court initiated an action against the Appellant praying the Court for the following reliefs:

a. Declaration that the plaintiff is the owner of all that piece of land lying being and situate at No.28, Matanmi Street, Odi Olodo Mushin on the Mainland City of Lagos measuring approximately 501.270 Square metres and forming part of ALL THAT PIECE OR PARCEL OF LAND Known as Plots 1 ? 5 AIDA MOORE’S ALLOTMENT which is affirmed by Deed of Conveyance registered as No. 35 at page 35 in Volume 950 (colony) of the Deed of Register now kept at the Lagos State registry or alternatively as the person entitled to

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apply for statutory right of occupation.

b. Possession of the land in dispute

c. A claim of N1,000,000.00 (One million Naira) as general damages.

d. Perpetual injunction restraining the defendant, her servants, agents or privies or otherwise from continuing with the said acts of trespass.

The Appellant, as defendant in her statement of defence also counter-claimed as follows:

(i) A declaration that the defendant is entitled to a grant of statutory or alternatively customary right of occupancy to a piece or parcel of land measuring 324.573 square metres situate lying and being at No. 28 Matanmi, Igbobi Odi Olowo Mushin, Lagos State and particularly described, shown and delineated on Plan No. OGEK 591/ 84 dated 10th day of March 1984 drawn by Chief B. Akin Ogunbiyi Licensed Surveyor having an area of 324.573 square metres.

(ii) The sum of N1,000,000.00 (One Million Naira) general damages for trespass committed by the claimant to the said land of the defendant.

(iii) An order of perpetual injunction restraining the claimants, his servants, agents and privies from committing any further acts of trespass to the said land of the

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