Mrs. Taiwo Sogbamu & Ors V. Mr. Folorunsho Odunaiya & Ors (2012)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

SIDI DAUDA BAGE, J.C.A. (Delivering the Leading Judgment)

This is an appeal against the judgment of Hon. Justice A.O. Adefope Okogie sitting at the High Court of Lagos State, Lagos Judicial Division, delivered on the 16th day of April, 2007.

The facts that led to this appeal are as follows: The 1st – 7th Respondents on the 30th day of December, 1999 filed against the Appellants a writ of summons and statement of claim. The 8th and 9th Respondents by the order of the court were allowed to join as parties.

Both the Claimants and the Defendants amended their respective writs of summons and statements of claim and the statements of defence to accommodate the joinder of 8th and 9th Appellants/Respondents.

The Plaintiffs’ claim at the lower court is for:-

(1) A DECLARATION that the Defendants are not the landladies and landlords of plaintiffs in respect of the respective apartments the Plaintiffs occupy as tenants at No. 4, Lawanson Road, Lawanson Mushin, Lagos State.

(2) A DECLARATION that Chief A.O. Lawanson is the landlord of the plaintiffs in respect of the respective apartments the plaintiffs Occupy as tenants at No. 4, Lawanson Road, Lawanson Mushin, Lagos State.

(3) A DECLARATION that it is fit and proper for the plaintiffs to continue paying their (the plaintiffs) rents to the Estate of Chief A.O. Lawanson and not to the Defendants considering the fact that Chief A.O. Lawanson died intestate on the 2nd day of September, 1998.

(4) AN INJUNCTION restraining the Defendants, their servant(s), Agent(s), Attorney(ies), privy(ies), Executor(s), Personal Representative(s), Successors in title and other person(s) acting on their behalf from furthering acts geared towards the unlawful ejection of the plaintiffs from the plaintiffs respective apartment at No. 4, Lawanson Road, Lawanson Mushin, Lagos State.

(5) AN ORDER restraining the defendants, their servant(s), agent(s) Attorney(ies), privy(ies), Executive(s), Personal Representative(s), Successors in title and other person(s) acting on their behalf from further trespassing into the respective apartment of the plaintiffs at No. 4, Lawanson Road, Lawanson Mushin, Lagos State.

(6) AND the sum of N2Million (Two Million Naira) being exemplary damages suffered as a result of the infringements rights of enjoyment of quiet and peaceful possession in the respective apartment the plaintiffs occupy as tenants at No. 4, Lawanson Road, Lawanson Mushin, Lagos State.

Issues were joined by the parties and after a full trial, the trial court resolved the sole issue for determination in favour of the claimants. The following declarations were granted by the court in favour of the claimants:

(1) A declaration that the defendants are not the landladies and landlords of the 1st-7th claimants in respect of the respective apartment the 1st-7th claimants occupy as tenants at No. 4, Lawanson Road, Lawanson Mushin, Lagos State

(2) A declaration that Chief Anthony Olu Lawanson is the landlord of the 1st-7th claimants in respect of the apartments of the 1st – 7th claimants occupy as tenants at No.4, Lawanson Road, Lawanson Mushin, Lagos State