Oando (Nig.) Plc. (Formerly, Unipetro (Nig) Plc.) V. Mr. Ameme Nwachukwu (2013)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

MOJEED ADEKUNLE OWOADE, J.C.A. (Delivering The Leading Judgment)

This is an appeal against the judgment of the Honourable Justice M. A. Adeigbe sitting at Ile – Ife in the Osun State High Court, delivered on 16th December, 2008.

By a writ of summons and statement of claim filed on 16-2-2006, the respondents as plaintiffs sued the 1st Appellant for an entitlement to statutory right of occupancy, rent and injunction. The other defendants appellants were joined by order of court in the proceedings.

The relevant pleadings at the court below are:

a. Plaintiffs Amended Statement of claim dated 23/11/2006.

b. Statement of defence of the 1st defendant dated 5/5/2006 and filed on 7/5/2006.

c. Further Amended statement of Defence of the 2nd – 5th Defendants dated and filed 25/5/2007.

d. Plaintiff’s Reply to statement of Defence by 1st Defendant dated 2/10/06 and filed on 3/10/2006.

e. Plaintiff’s Reply to statement of Defence by 2nd – 5th Defendants dated and filed on 12/1/2007.

By paragraph 12 of the plaintiffs Respondents Amended Statement of Claim the Plaintiffs claim against the Defendants are that the plaintiffs are entitled to a statutory right of occupancy to that piece or parcel of land situate, lying and being at Iremo Road, Ile-Ife now called Lagere Road, Ile – Ife, Osun State and covered by instrument registered as No. 41 at page 41 in volume 553 at Lagos now Osogbo being the property of late – Babasale Samuel Adewuyi

ii. Rent of the said place occupied and utilized by the defendants for its outfit.

iii. Injunction restraining the defendant it agents or privies and 5th defendant – Poplat Nig. Ltd. from further operation on the land.

The case of the plaintiffs (Respondents to this appeal) is that the land in dispute was the property of their late father Babasale Samuel Adewuyi of which he had exercised possessory rights on or about 1939.

That, the said Samuel Adewuyi (senior brother to Oba Sir, Adesoji Aderemi) exercised various acts of ownership and granted a lease of the land with building thereon to the United African Company (U.A.C.) in 1940 which lease was covered by instrument registered as No. 41 at page 41 in volume 553 at Lagos, now Oghogbo.