Nigeria Lng Limited V. Murphis Burger Limited (2016)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

YARGATA BYENCHIT NIMPAR, J.C.A. (Delivering the Leading Judgment)

This judgment is in respect of an appeal from the ruling of the Lagos State High Court delivered on 5/12/07 by HON, JUSTICE LUFADEJU in Suit No. LD/913/02 wherein the preliminary objection of the Appellant challenging the locus standi of the Respondent was dismissed. Dissatisfied with the said ruling, the Appellant filed a Notice of appeal dated 15th day of July, 2009 and filed on the 17th July, 2009 setting out 6 grounds of appeal.

The brief facts are that the Respondent instituted an action before the Lagos State High Court seeking the following reliefs:

i. An order of perpetual injunction restraining the defendant either by themselves, agents, privies and however from continuing occupation and obstructing of the plaintiff’s parking space in front No. 27 Sanusi Fafunwa Street, Victoria Island Lagos and across the street i.e opposite Murphis Plaza.

ii. An order of perpetual injunction restraining the defendant either by themselves. Agents. Privies or otherwise from further interfering with the plaintiff’s right to its parking space to wit:- the

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right to park cars in all the parking space in the whole of the space in front of the No.27, Sanusi Fafunwa Street, Victoria Island and across the street.

iii. An order directing the Defendant to vacate forthwith the space of and at 27, Sanusi Fafunwa Street, Victoria Island, Lagos which they now occupy.

iv. N1,000,000.00 damages.

The Appellant upon being served with the writ of summons and the Statement of claim which was later amended and known as second further amended Statement of Claim, filed a Notice of Preliminary Objection dated 16/11/06 seeking to dismiss the claim of the Respondent for want of locus standi. The trial Court heard and dismissed the objection.

The Appellant filed its Appellant’s brief on the 24/7/09 settled by A. Onikepo Braithwaite (Mrs.) and dated 22/7/09 wherein 4 issues were distilled for resolution in this appeal. The Respondent did not take any step in this appeal and pursuant to leave of this Court granted on the 25th May, 2012, the appeal was heard on the Appellants brief alone.

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The issues for determination state thus:

Whether the learned trial judge made a correct approach to and properly