Oba Ganiyu Odewale Okeide Odesanya V. Registered Trustees Of Deeper Christian Life Ministry (2016)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

CHINWE EUGENIA IYIZOBA, J.C.A. (Delivering the Leading Judgment)

This is an appeal against the judgment of the High Court of Lagos State Coram L. A. Okunnu, J in Suit No. LD/1149/99 delivered on the 5th day April, 2011 dismissing the Appellant’s claims for declaration of title to land, damages for trespass and injunction.

The appellant as Claimant in the lower Court instituted this action against the Respondent as defendant, seeking as per their Further Amended Statement of Claim dated 20th April, 2010 the following reliefs:

“a. DECLARATION that the Claimant is entitled to customary/statutory right of occupancy in respect of all that piece or parcel of land situate, lying and being at Gbagada in Kosofe Local Government Area of Lagos State known as Nos. 2-6, Ayodele Okeowo Street, Gbagada, Lagos State.

b. The sum of One Hundred Thousand Naira (N100, 000) being damages for trespass committed by the defendants, their servants, agents and/or privies.

c. Perpetual injunction restraining the defendants, their servants, agents and/or privies from committing further acts of trespass on the land.

d. The cost of this

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action.”

The parties filed and exchanged pleadings. The facts of the case as deduced from the pleadings as follows: The parcel of land in dispute which is located in Gbagada, Lagos, forms part of a vast tract of land which belongs to the Oloto Royal Family of Lagos. The Appellant, the traditional monarch and head of the Oloto Royal Family ascended the throne in 1990.

He claimed that soon after his ascension to the throne, the unauthorized activities of the Respondent on the land in dispute were brought to his attention. He then instructed his solicitors to write to the Respondent to desist from its offensive activities. The Respondent ignored the letter. He then instituted this action in 1999 to protect the family-land.

The Respondent’s claim on the other hand is that the Oloto Royal Family had by a registered deed of conveyance made in 1945 (Exhibit C1) sold the land in dispute to one Adekunle Coker (now deceased). The estate of the late Adekunle Coker by a deed of assignment executed in 1980 assigned the interest of the estate in the land in dispute, to the Respondent Exhibit C15.

The Appellant sought to set aside the

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