Mrs. Veronica Olojede & Anor V. Mr. Adeola A.b. Olaleye & Anor (2012)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

SOTONYE DENTON-WEST, J.C.A (Delivering the Leading Judgment)

The Appellants being the defendants at the trial lower court were sued by the plaintiffs herein, whilst the Respondents claiming some declaratory reliefs via their amended statement of claim; thus:

(i) A declaration that the 1st plaintiff is entitled to quiet and peaceable occupancy in respect of the property situate, lying and being at Olojede close, Off Ikere Road, Ado-Ekiti mortgaged to the 2nd plaintiff vide a legal mortgage registered as No. 30 at page 30 in volume 327 at the Lands Registry, Akure covered by a Certificate of Occupancy registered as No. 55 page 55, in volume 250 of the Lands Registry Office, Akure, which was assigned to the plaintiff by a Deed of Assignment, dated 3rd November, 2000 and registered on 20th November, 2000 as No.32 at page 32 in volume 1 at Lands Registry Office, at Ado-Ekiti.

(ii) A declaration that the purchase or transfer of the property situate, lying and being at Olojede Close, Off Ikere Road, Ado-Ekiti mortgaged to 2nd plaintiff Plc, vide a legal mortgage registered as No. 30 at page 30 in volume 327 at the Lands Registry, Akure covered by a Certificate of Occupancy, Registered as No. 55 at page 55 in volume 250 of the Land Registry Office, Akure and assigned by a Deed of Assignment dated 3rd November, 2000 and registered on 20th November, 2000 as No. 32 at page 32 in volume 1 at Lands Registry Office at Ado-Ekiti to the 1st plaintiff was lawful valid, regular.

(iii) A declaration that the defendants no longer have any proprietary, legal right or any interest over the property situate, lying and being at Olojede Close, Off Ikere Road, Ado-Ekiti mortgaged to the 2nd plaintiff Plc, vide a legal mortgage registered as No. 30, Page 30 in volume 250 of the Lands Registry Office, Akure and covered by a Deed of Assignment dated 3rd November, 2000 and registered on 20th November, 2000 as No. 32 page 32 in volume 1 at Lands Registry Office at Ado-Ekiti. The 1st defendant’s husband having failed to redeem it before it was lawfully transferred to the 1st plaintiff.

(iv) The 1st plaintiff claims possession of the property situate, lying and being at Olojede Close, Off Ikere Road, Ado-Ekiti mortgaged to 2nd plaintiff vide a legal mortgage registered as No.30 at page 30 in volume 327 at the Lands Registry, Akure covered by a Certificate of Occupancy registered as No.55 at page 55 in volume 250 of the Lands Registry Office, Akure and covered by a Deed of Assignment dated 3rd November, 2000 as No. 32 at page 32 in volume 1 at Lands Registry Office at Ado-Ekiti being the rightful owner to the exclusion of the defendant, her privies, agents or any other person whatsoever claiming title or possession through the defendants.

(v) The sum of N518, 000,00 (Five Hundred and Eighteen Thousand Naira) as special damages as follows:

i) N468, 000.00 (Four Hundred and Sixty-Eight Thousand Naira) as arrears of rent from the building/property situate, lying and being at Olojede Close, off Ikere Road, Ado-Ekiti mortgaged to 2nd plaintiff Plc, vide a legal mortgage registered as No.30 at page 30 in volume 327 at the Lands Registry, Akure and formerly covered by a Certificate of Occupancy registered as No. 55 at page 55 in volume 250 of the Lands Registry Office, Akure, and now covered by a Deed of Assignment dated 3rd November, 2000 as No.32 at page 32 in volume 1 at Lands Registry Office at Ado-Ekiti from October, 2000 to November, 2003.

ii) N50,000.00 (Fifty Thousand Naira) as cost of prosecuting Suit No:ADRT.137/2001.

iii) N6, 000.00 (Six Thousand Naira) per month as mesne profit for the 3 bedroom and N3, 000.00 (Three Thousand Naira) each for each of the two boys quarters in respect of property/building described in paragraph 24(5)(i) above from November, 2003 till possession is given up to the plaintiff.

The sum of N2, 000,000,00 (Two Million Naira) as general damages suffered by the plaintiff as a result of the refusal of the defendants to yield up possession of the building property situate, lying and being at Olojede Close, off Ikere Road, Ado-Ekiti, mortgaged to 2nd plaintiff, vide a legal mortgage registered as No. 30 at page 30 in volume 327 at the Lands Registry, Akure and formerly covered by a Certificate of Occupancy registered as No.55 at page 55 in volume 250 of the Lands Registry Office, Akure and now covered by a Deed of Assignment dated 3rd November, 2000 as No. 32 at page 32 in volume 1 at Lands Registry Office at Ado-Ekiti.

v) An order directing the defendants, their agents, privies or anybody claiming through them to vacate and yield up possession of the building/property situate, lying and being at Olojede Close, off Ikere Road, Ado-Ekiti mortgaged to 2nd Plaintiff vide a legal mortgage registered as No. 30 at page 30 in volume 327 at the Lands Registry, Akure covered by a Certificate of Occupancy registered as No.55 at page 55 in volume 250 of the Lands Registry Office, Akure now covered by a Deed of Assignment dated 3rd November, 2000 and registered on 20th November, 2000 as No.32 at page 32 in volume 1 at Lands Registry office at Ado-Ekiti.

(vi) An order of perpetual injunction restraining the defendants their privies, agents, servants or any person whatsoever from interfering with the plaintiff’s lawful and peaceable possession of the building/property situate, lying and being at Olojede Close, off Ikere Road, Ado-Ekiti mortgaged to 2nd plaintiff vide a legal mortgage registered as No.30 at page 30 in volume 327 at the Lands Registry, Akure covered by a Certificate of Occupancy registered as No.55 at page 55 in volume 250 of the Lands Registry Office, Akure and covered by a Deed of Assignment dated 3rd November, 2000 and registered on 20th November, 2000 as No.32 at page 32 in volume 1 at Lands Registry Office at Ado-Ekiti.

Pleadings were duly filed and exchanged by the parties and the matter went for full trial, at the end of which the lower court delivered its judgment on 14th May, 2007 granting all the reliefs claimed before it except reliefs 5(ii) and (iv).