Mrs. F. O. Apatira & Ors. V. Lagos Island Local Government Council & Ors. (2006)

LawGlobal-Hub Lead Judgment Report

SOTONYE DENTON -WEST, J.C.A,

This is a case wherein the plaintiffs in the lower court namely:-

1. Mrs, F.O. Apatira and five others,
2. Mrs, Ayobola Fadehunsi
3. Mrs, Agnes Igboeliwa
4. Chief R.O. Umeh
5. A, OkafoI’
6. C. Anogolu

(Sued for themselves and Other Allottees of Land by the 1st defendant in the name of Balogun Progressive Traders)

They sued the defendants with diverse interests in the matter in the lower court who are now respondents the with exception of 2nd, 3rd, 4th, 7th, 8th, 9th and 10th defendants who in this appeal now being considered are no longer defendants/respondents or party having been struck out as respondents from this appeal on 22nd day of Sept 1999, by an order of this court.

Therefore the only defendants/respondents to the appeal filed by all the plaintiffs/appellants are 1st respondent – Lagos Island Local Government Council 5th respondent – New Nigerian Bank Ltd, 6th respondent -The Attorney-General of Lagos State and 11th respondent Mr. M, 0, Nwandu,

The controversy that led to this appeal originated from a claim before the High Court filed by the plaintiffs who henceforth shall be referred to as the appellants against the above mentioned respondents, who are all defendants in the lower court. The appellant’s claims in the lower court are succinctly stated or endorsed in their writ of summons reflected on pages 9-11 of the Record of the Appeal, wherein it is stated thus:-

“The Plaintiffs’ claim against the Defendants jointly and severally is for:

1. A declaration that the Plaintiffs are the Allottees of the Open Space of land approved as “Wares Points” and the legal owners of 200 stalls built at their expense, pursuant to the approval conveyed to the Plaintiffs as per the 1st Defendant’s letter dated 23rd December 1988 addressed to the Plaintiffs in the name of Balogun Progressive Traders Association.
2. A declaration that the “market stalls” or “structures”, the subject matter of action in Suit No. LD/553/89 (between the 5th Defendant and the 1st Defendant in this action), are the same as the said 200 stalls built by the plaintiffs and referred to in the ruling in the said Suit No: LD/553/89 dated 19th May 1989 as the “sheds and shops in question”.
3. A declaration that the Plaintiffs have been in lawful and uninterrupted possession/occupation of the said 200 stalls built by the Plaintiffs (at their expenses) since January 1989 on account of the approval conveyed to the Plaintiffs by the 1st Defendant as aforesaid and the 1st and 5th Defendants or either of them cannot be heard to challenge or dispute the rights of the Plaintiffs to the said stalls.”
4. An order of mandatory injunction restoring the Plaintiffs to the said Open Space of land approved as “Wares Points” where the 1st, 2nd, 3rd, 4th, 5th, 6th and 9th Defendants forcibly evicted the Plaintiffs and totally demolished (leveled to the ground) Plaintiffs stalls/shops and barricaded the said premises with block walls and gate after due service on the said Defendants of the Writ of Summons and Statement of Claim filed on 2nd February 1990.
5. A mandatory order directing the 5th and 9th Defendants to demolish the said block walls and gate barricading the Open Space allocated to the Plaintiffs as aforesaid, which walls and gate were built after the 5th Defendant was duly served with a copy of the Writ of Summons and Statement of Claim on 2nd February 1990.
6. An order of perpetual injunction restraining the Defendants by themselves, their officers, servants, agents and functionaries from evicting or taking any steps to evict the Plaintiffs from the said Open Space of land approved as “Wares Points” by the 1st Defendants. .
7. An order of specific performance of the terms of the contract of the allotment of the said land and building of the said stalls/shops, by the 1st Defendant issuing and continuing to issue against payments by the Plaintiffs “Wares Permit Receipts” monthly from January 1989.
8. Damages for losses suffered by the Plaintiffs:

Particulars of Loss and Damage

(a) Total cost of 200 market stalls/shops built by the Plaintiffs and demolished by the Defendants as per Bill of Quantities (with covering letter dated 26th April 1990) issued by Costal Associates, (Quantity Surveyors, Construction Economists and Building Cost Advisers) N2,637.235.00

(b) Loss of Goods in the shops of:

(i) Mrs. Agnes Igboeliwa (3rd) Plaintiff at No. 8 Gbajumo “M” Line as per receipt No. 0235 dated 11th May 1989 issued by Haruna Organisation N61,072.00

(ii) Chief R.O. Umeh (4th) Plaintiff at No. 30 Gbajumo “S” Line as

per receipt No. 297 dated 8th December 1989 issued by Cewo Shoes Organisation N1196,875.00

(c) (i) Loss of Profits for 200 persons (i.e. the Plaintiffs) for the period of (7)