Peter Maranroola V. Incorporated Trustees of the First African Baptist Church (2009)

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SIDI DAUDA BAGE, J.C.A.

This is an appeal against the judgment of Lufadeju J. of the High Court, Shaki, Oyo State in Suit No. HSK/2/2004 – PETER MARANROOLA (For himself and on behalf of the UNITED AFRICAN BAPTIST CHURCH, ISALE-TABA, SHAKI VS. INCORPORATED TRUSTEES OF FIRST AFRICAN BAPTIST CHURCH, ISALE-TABA, SHAKI, delivered on the 4th day of January, 2007. Briefly, the facts culminating in this appeal are as follows:-

The present Appellant in this appeal as Plaintiff, had claimed against the Respondent as Defendant in trial Court as follows:-

(1) Declaration that the Plaintiff as one of the Grantees on behalf of himself and United African Baptist Church, Isale-Taba, Shaki, are the legal owners of the piece or parcel of land measuring approximately 6457.51 Square Yards lying, situate and being at Isale-Taba, Shaki, with all the developments thereon, now being used by the Defendant and more particularly shown in a Deed of Conveyance and Plan registered as No. 22 Page 22 in Volume 1879 of the Lands Registry in the Office at Ibadan.

(2) AN ORDER restoring the said piece or parcel of land with all the physical development thereon to the Plaintiff and the United African Baptist Church, Isale-Taba, Shaki.

(3) N5,000,000.00 (Five Million Naira) being Damages for trespass to the land and the development thereon.

(4) Perpetual Injunction restraining the Defendant, its servants, agents, privies and congregation from making use of the land and physical structures thereon and from asserting any legal rights or title to the property.

The Respondent as Defendant replied the above claims of the Appellant as follows:-

(i) Whether the Appellant’s suit is competent.

(ii) Whether the Appellant’s claim is statute barred.

(iii) Whether the Appellant’s claim is supported with credible evidence for it to be granted.

The learned trial Judge suo motu raised the issue of locus standi after addresses of Counsel, but afforded the opportunity for parties to address the Court on it, before delivering judgment. The Plaintiffs who are Appellants in this appeal, being dissatisfied with the judgment of the High Court, appealed to this Court vide a Notice of Appeal filed on 30th May, 2008.

NOTICE OF APPEAL:

TAKE NOTICE that the Plaintiff/Appellant being dissatisfied with the decision of the Shaki Division of Oyo State High Court, contained in the judgment of Honourable Justice F. C. A. Lufadeju, dated 4th January, 2007, doth hereby appeal to the Court of Appeal on the grounds set out in paragraph 3 and will at the hearing of the appeal seek reliefs set out in Paragraph4.