O. ODIBA & ANOR. V. AKAAZUE MUEMUE (1999)

LAWGLOBAL HUB Lead Judgment Report

MOHAMMED, J.S.C.

The respondent was the plaintiff before the Benue High Court. He was the owner of a piece of land covered by Certificate of Occupancy No. BP 1503. The land is situate along J.S. Tarka Way, Gboko. The respondent built a single storey house on the land. He later constructed an extension to the building.

In November, 1984, the Task Force on Environmental Sanitation for Gboko Local Government Area observed that some buildings in Gboko Town had encroached on the streets and sanitary lanes. The Task Force decided to demolish the buildings. The house of the respondent was one of the buildings earmarked for demolition. The respondent received a letter dated 15th November, 1984, from the Task Force notifying him that his house was earmarked for demolition.

On receiving the letter, the respondent went to the High Court. Gboko and filed a suit against the Task Force. He applied also for an injunction to restrain the Task Force from demolishing his house pending the determination of the suit. Before the High Court granted the prayer for the injunction it got a letter served on the Task Force directing the committee not to demolish the building of the respondent pending the hearing of a suit he filed against the Task Force. On receiving the letter of the High Court, the Task Force Committee resolved not to demolish the house of the respondent until the matter in court was determined.

Mr. Odiba, the first appellant, in this appeal was the sale Administrator of Gboko Local Government in November. 1984. When information reached Mr. Odiba that the Task force had resolved to obey the Order of the High Court restraining it not to demolish the house of the respondent he visited the office of the Task Force and told the members of the Committee that the demolition should go on, the High Court’s Order notwithstanding.

Thereafter, the 1st appellant secured a bull-dozer, went and identified some buildings earmarked for demolition, including the house of the respondent and ordered the structures to be demolished. The respondent went to court and filed a claim for N1,470,407.00 being general and special damages against the 1st appellant for the demolition of his property along J.S. Tarka Way, Gboko. The 2nd appellant was later joined in the suit.

Pleadings were called and delivered. At the completion of the hearing the learned trial Judge, Utsaha J, entered judgment in favour of the respondent and awarded him N313,033.50 as general and special damages. The appellants appealed to the Court of Appeal against the decision of the High Court. The Court below dismissed the appeal. It however found that the claim for N30,000.00 as special damages for loss of use of the premises was not established before the trial High Court. It therefore allowed the appeal against that award.

Dissatisfied with the decision of the Court below the appellants filed this appeal. From the nine grounds of appeal filed the following 4 issues have been identified, in the appellant’s brief as having arisen for the determination of this appeal:

“(a) Was the Learned Trial Judge and Court of Appeal justified in their conclusion that the averments in paragraph 4 of the Statement of Defence do not constitute a valid denial of respondents averments in paragraphs 6-9 and 11 of the Statement of Claim and, are therefore, on the authority of Lewis and Pear (N.R.I) Ltd.v. Akhimien (1976) 1 F.N.L.R. 80 al 83, deemed to be admission of the allegation by the respondent, which facts need no further proof by evidence by the respondent at the trial

(h) Were they justified in their conclusions

(i) That it was the appellants who carried out the demolition of the respondent’s house

(ii) That the appellants did so in the face of timely advice against it from both the Chairman of the Task Force and the then Resident State Counsel and

(iii) That this was a proper case to award aggravated general damages’

(c) Were they justified in awarding to the respondent the sum of N133,033.50 as special damages