Petkev Nigeria Limited & Anor V. Elder Obumanyi Ogbogu & Anor (2011)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

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

This is an appeal against the Ruling of Adah J. of the Federal High Court, Ikeja Judicial Division, Lagos in Suit No. FHC/IKJ/CS/72/2011, holding that the preliminary objection raised by the Appellants was a demurrer which is not allowed and striking out same. The 2nd Respondent herein as plaintiff in the lower Court claimed against the Defendants/Respondents as follows:

i. A declaration that the act of the 2nd Defendant in putting materials and constructing structures on Plot No. 1?833A, Along Al Close, 7th Avenue, Festac Town, Lagos belonging to the Plaintiff amounts to trespass.

ii. A declaration that the purported allotment of the said land to the 2nd and 3rd Defendants amount to on infringement on the title of the plaintiff and thereof are illegal and null and void.

iii. An order of the Court nullifying the purported allocation to the 2nd and 3rd Defendants.

iv. A declaration that the judgment reached at the Federal High Court in Suit NO.FHC/L/CS/218/2007 does not in any way confer legal title to the 2nd and 3rd Defendants.

v. A declaration that the

title to the land is vested in the Plaintiff.

vi. An order of Court granting possession and upholding the title to Plot NO.1 833A, Along Al Close, 7th Avenue, Festac Town, Lagos to the Plaintiff.

vii. An order of perpetual injunction restraining the 1st Defendant, its proxies, agents, representatives or anybody claiming or acting through or on behalf of the 1st Defendant from recognizing, allotting, transferring, assigning, alienating in any manner whatsoever any portion or interest in the said Plaintiff’s land.

viii. An order of perpetual injunction restraining the 2nd and 3rd Defendants, its proxies, agents, representatives or anybody claiming or acting through or on behalf of the 2nd and 3rd Defendants from erecting, constructing or in any way transferring, or interfering with the ownership rights of the Plaintiff.

ix. An order of perpetual injunction restraining the 2nd and 3rd Defendants, its proxies, agents, representatives or anybody claiming or acting through or on behalf of the 2nd and 3rd Defendants from any further acts of trespass on the land.

x. Damages to the tune of Ten Million Naira only (N10,000,000.00) against the 2nd

and 3rd Defendants for trespass.