Omac Oils Nigeria Limited & Ors V. Elder Samson Olushola Egbadeyi & Anor (2014)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

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

The appellants were defendants before the trial court in the suit commenced by the Respondents before the Lagos State High Court presided over by HON. JUSTICE ADEFOPE – OKOJIE (as he then was) wherein the court granted the reliefs sought by the Respondents and dismissed the counterclaim in a judgment delivered on the 30th April, 2009.

Aggrieved with the judgment the Appellants filed a Notice of Appeal on 6 grounds of appeal.

The brief facts of the appeal are that the Respondent instituted a suit against the appellants seeking the following reliefs:

(a) “A declaration that the Plaintiffs are entitled to statutory rights of occupancy of the parcel of land situated at Onilekere Street, Agege, Agege Local Government Area Lagos State covered by WAT/LA/159/92 dated the 14th day of August, 1992 drawn by W. T. ADENIJI, a licensed surveyor.

(b) An order of perpetual injunction restraining the defendants whether by themselves, their privies, servants, agents or whosoever acting for the defendants from committing further acts of trespass on the said land described above.

(c) N500, 000.00 (Five Hundred Thousand Naira Only) Damages against the defendants.

The appellants by their statement of defence added a counterclaim against the Respondents in the following terms:

(a) A Declaration that the leasehold in respect of the property lying being and situate at No. 1 Onilekere Street, Cement Bus Stop, Ikeja, Lagos State granted to the 2nd counterclaimant by the 3rd & 4th counterclaimant family for a period of 20 years is valid and subsisting.

(b) A Declaration that the 1st & 3rd counterclaimants are entitled to the quiet and peaceful enjoyment of their leasehold till the year 2019 in respect of No. 1, Onilekere Street, Cement Bus – Stop, Ikeja, Lagos State.

(c) A Declaration that the 3rd & 4th counterclaimants family are the persons entitled to the reversionary interest over the land in dispute from year 2019 in respect of the property lying, being and situate at No. 1, Onilekere Street, Cement Bus – Stop, Ikeja, Lagos State.

(d) A Declaration that the purported sale of the Momodu Moshesha family land lying, being and situate at No, 1, Onilekere Street, Cement Bus – Stop, Ikeja, Lagos State is null and void and of no effect whatsoever.

(e) An order of perpetual injunction restraining the plaintiffs, their servants, agents and parties from further trespass on the 4th and 5th counterclaimants family land and/or disturbing the quiet and peaceful enjoyment of the 1st and 2nd counterclaimants leasehold.

The Appellants brief dated 2nd December, 2010, filed on 3rd of December, 2010 was adopted on 17/11/14 while the Respondents brief dated 30th March, 2011 filed on same date also adopted on the 17/11/14. The Appellants reply brief dated 30th March, 2011 filed on 1/11/11 was adopted on 17/14/14. The Appellant formulated 5 issues for determination thus: