Purification Technique Nig. Ltd. & Ors. V. Rufai Jubril & Ors (2012)

LAWGLOBAL HUB Lead Judgment Report

NWALI SYLVESTER NGWUTA, J.S.C.

In the Writ of Summons issued at the High Court of Lagos State in the Ikeja Judicial Division on 29th day of February 1992, the 1st appellant was the plaintiff who claimed against the 1st – 9th defendants (Respondents) as follows:

“(a) A damage for trespass by the defendants jointly and severally to all the buildings and structure erected on a twenty (20) acres land and premises lying, being and situate at kilometre 15 along Badagry Expressway, Lagos which is better defined in the portion edged RED in Plan No. ROC/LA1/90 of 15/6/90 drawn by R. Oluwole Coker Licensed Surveyor, a copy of which (sic) delivered herewith.

(b) An order for the ejectment of the defendants, their servants, agents or any person claiming transfer under them, from the land in dispute.

(c) An order of perpetual injunction restricting the defendants, whether by themselves, their servants, agents or howsoever from committing or continuing to commence (sic) if (sic) further acts of trespass on the land in dispute, whether by way of entry thereupon or by sale or disposition of any interest therein.” (See page 2 of the record).

The 2nd-4th plaintiffs were joined by order of the trial Court as co-plaintiffs’ Pleadings were filed and exchanged.

In addition to their statement of Defence, the 2nd-4th defendants counter-claimed against the plaintiffs jointly and severally as follows:

“(i) A declaration that the alienation, transfer or lease of the land in dispute in Plan No. ROC/LDI/90 is null and void and of no effect.

(ii) N250,000.00 (Two hundred and fifty thousand naira)-from 22nd December 1986 until the plaintiff vacates the said land as damage for trespass.

(iii) An order directing the 2nd – 5th plaintiffs to render account of rents or monies collected and building of the 1st plaintiff lying and being at kilometre 15 Badagry Express Road, shown on the portion of the Survey Plan No. ROC/LA1/90 drawn by licensed Surveyor R. Oluwole Coker.

(iv) An order of injunction restraining the 5th -11th defendants jointly and severally by themselves, their

agents, servants, and privies or assigns from committing further acts of trespass on the land shown on Plan No. AB1381.” (See pages 3-4 of the record).

In its judgment, the trial Court held that the particulars of the N100,000.00 claimed as general and special damages in the amended statement of claim were not pleaded or proved. The court held under general damages the plaintiffs were “entitled to something” and awarded the sum of N10,000.00 as general damages in favour of the 1st plaintiff against the defendants jointly. The court also made an award of N10,000.00 in favour of the 2nd-4th plaintiffs jointly against the defendants. (See page 273 of the record). On the counter-claim, the trial Court held, inter alia:

“Having dismissed that claim I believe all the reliefs built upon it collapsed and they are found not tenable. All the reliefs of the defendants as contained in their counter-claim are hereby dismissed. That is the order of this Court.” (See page 273 of the record).