Mrs. Josephine Dakour & Ors V. Lagos State Urban Renewal Board & Ors (2015)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

ABIMBOLA OSARUGUE OBASEKI-ADEJUMO, J.C.A. (Delivering the leading Judgment)

This Appeal is against the judgment delivered by Honourable Justice O.A. Ipaye of the High Court of Lagos State on the 21st of November, 2003 in Suit No. M/151/2001, wherein the learned Judge countenanced claim (ii) of the counterclaim of the 4th Defendant/Counter Claimant by ordering specific performance to enforce all the conditions and terms of the contract (Exhibit EBA 2).

The Appellants by their Amended Originating Summons dated 8th February, 2002 prayed the court for the following orders:-

(i) An Order that they do recover possession of the parcel of land known as 78, Nnamdi Azikwe Street, comprised in Land Certificate No. L00896 on the ground that they are entitled to possession and that the persons in occupation are in occupation without licence or consent.

(ii) An Order of injunction restraining the 1st to 3rd Defendants from further trespass on the parcel of land in dispute.

(iii) N20,000,000.00 (Twenty Million Naira only) as damages for the act of trespass by the 1st to 3rd Defendants.

The 4th Defendant/Respondent by its Counterclaim dated 12th February, 2002 counterclaimed as follows:

i. An Order restoring the 4th Defendant into possession of the property known as 78, Nnamdi Azikwe Street, Lagos comprised in Title No. L00896.

ii. An Order of specific performance compelling the Plaintiffs to assign all their rights and interests in the property to the 4th Defendant in accordance with the terms and conditions stipulated in the two sale agreements as soon as the 4th Defendants are restored to possession and the present proceedings finally resolved.

iii. Damages for trespass against the 1st & 2nd Defendants.

iv. An Order of injunction restraining the 1st & 2nd Defendants from further trespassing on the said property on the restoration of the 4th Plaintiff to possession.”

The suit was commenced by way of Originating Summons dated the 19th February, 2001 and amended on the 8th February, 2002, brought pursuant to Order 59 Rule 2 of the High Court of Lagos State Civil Procedure Rules 1994. Upon service of the summons, the 1st to 3rd Defendants filed 35 paragraphs Counter Affidavit dated 18th March 2002.

The Plaintiffs responded vide 14 paragraphs reply dated 4th September, 2002. Consequent upon an application by the Intervener dated 11th December, 2001 brought pursuant to Order 14 Rules 19 and 20 of the High Court of Lagos Civil Procedure Rules 1994, the court made an order on 5th February, 2003 joining the respondent FAT BAK ENTERPRISES LTD as the 4th Defendant/Counter Claimant.

The 4th Defendant filed a counter-affidavit in support of its counter claim dated 13th February, 2002 in response to the Plaintiffs’ Amended Originating Summons. Other affidavits and further affidavits were deposed to and exchanged between the parties. Consequent upon this, the court entered judgment between the Plaintiff and 1st to 3rd Respondents thus: