Prince Toyin Kunle Kayode & Ors V. The Registered Trustees of United African Methodist Church (2008)

LawGlobal-Hub Lead Judgment Report

CHIDI NWAOMA UWA, J.C.A.

This is a consolidated appeal against the judgment of Candide – Johnson, J. of the High Court of Lagos State.

The respondent as claimant at the trial Court commenced this action by way of originating summons dated 8th November, 2004. It was alleged that on the 10h of November, 2004 without an Order of the Court, the claimant purportedly served all the originating processes on the Defendants, including the 1st and 2nd appellants herein by pasting on the entrance gate of the 1st Defendant (Estate of the late Akin Joacquim) as well as the “wall of all the buildings of the unknown persons.”

The appeals would be determined in the order they were argued.

CA/L/1143/10

The 1st and 2nd Appellants objected to the suit on the ground that the suit was not initiated by due process of law and prayed that it be struck out. The trial Court rather than strike out the suit, converted the originating summons to a writ of summons and directed the Respondent (as claimant) to file its statement of claim which was later amended.

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In its amended statement of claim, the claim against the 1st and 2nd Appellants (then as 2nd and 3rd Defendants) is follows:

i. A DECLARATION that the Claimant is the registered proprietor of the title registered vide the indenture registered as No. 37 at Page 37 in Volume 132 dated 21st March, 1956 and by virtue thereof is the legal and beneficial owner of the entire parcel of land comprised in the title.

ii. AN ORDER of perpetual injunction restraining the Defendants and their agents from trespassing on (sic) further trespassing on (sic) the claimants land comprised in the title registered as No. 37 at Page 37 in Volume 132 dated 21st March, 1956 at the Lagos State Lands Registry, Alausa.

iii. AN ORDER for possession of the parcel of land lying situate and being in the Obanikoro area of Lagos State covering an area of 1062 acres a plan of which attached to the Claimant’s indenture registered as No. 37 at Page 37 in Volume 132 dated 21st March, 1956 and encompassing the following streets and addresses;

Nos. 7-46, Obanikoro Street (all numbers within the bracket inclusive)

Nos. 2-42, Buraimoh Street (all numbers within the bracket inclusive

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