Mrs. Florence O. Carrena & Anor V. Chief Akinlase & 11 Ors V Chief Gafaru Arowolo (2008)

LAWGLOBAL HUB Lead Judgment Report

F.F. TABAI, JSC 

This action was commenced at the Lagos Division of the High Court of Lagos State in Suit No. LD/1093/80 by the writ of summons dated 28th of August 1980. The Plaintiff was Mr. E.A. Carrena. He died and was, by order of court, substituted with the present Plaintiffs/Appellants. The claim was against Chief Akinlase and 11 others. The reliefs claimed were:

(i) A Declaration that they are entitled to the property situate at OJOKORO MILE (16V2 Abule-Egba) Agege-Abeokuta Road in the Lagos State and covered by a Deed of Conveyance known as No.38 in Volume 987 in the Lagos

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State Registry of Land.

(ii) N2,041.50k (Two thousand and forty-one Naira, Fifty Kobo) Damages for trespass.

(iii) Perpetual Injunction against the Defendant, his agents and servants with respect to the said land.

Pleadings were settled and the matter eventually set down for hearing on the 24th of September 1987.

On the 24th September 1987 both the Defendants and their counsel were absent. No explanation was offered for their absence. The Plaintiffs/Appellants commenced their case. One of the Plaintiffs and two other witnesses testified for the Plaintiffs’ case. The evidence includes Exhibit “A” the Plaintiffs’ Plan and Exhibit “B” a Deed of Conveyance. In his judgment on the 13/11/89 the learned trial judge Fernandez J granted all the reliefs claimed.

Chief Jimoh Arowolo (now deceased) who was not a party was aggrieved by the judgment and acting for himself and as Head/Representative of Olarokun family of Oko-Oba, Orile-Agege appealed to the Court of Appeal. He sought and was granted leave to be joined as a party and to prosecute the appeal as an interested party. The parties, through their counsel, filed and exchanged their briefs of argument. The appeal was heard. In its judgment on the 24th of November 1994 the appeal was dismissed.

Chief Jimoh Arowolo was not satisfied and went on further appeal to this Court in Appeal No. SC.65/1965.

While the appeal to the Supreme Court was still pending, Chief Jimoh Arowolo in Suit No. ID/3131/94 instituted a fresh action against the Plaintiffs/Respondents over the same land claiming the following reliefs.

(i) Declaration that the Plaintiff is entitled to the customary right of occupancy to all that piece or parcel of land lying and situate at Oko-Oba/Abule Egba in Orile Agege in Ikeja Division of Lagos State particularly delineated and verged green which land forms a portion of vast area of land owned by Olarokun family and covered by Plan No. JO/23/94 drawn by Olushola Ogunsanya and dated 28/12/94.

(ii) N50,000.00 from the defendants being damages for trespass on the said land.