Reuben Ogbonnaya V. Hyginus Iloka (2012)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

RITA NOSAKHARE PEMU, J.C.A. (Delivering the Leading Judgment)

This appeal is against the Judgment of Honourable Justice O. A. Williams (Mrs.) delivered on the 6th day of August 2006, sitting at the High Court of Justice, Lagos State, Ikeja.

In the Judgment, the learned trial Judge dismissed the Counter-claim and declared the Claimant (Plaintiff in the Court below) the owner of the land known as No. 170 Old Ojo Road, Amuwo Odofin, Lagos. He awarded the plaintiff (Respondent) damages for trespass and injunction.

By Writ of Summons dated 15th March 1995 and further amended Statement of Claim (in Paragraph 28 thereof) the plaintiff (Respondent in this present appeal) claims against the Defendant (Appellant in this present appeal) the following:

7. ” A declaration of title to the piece of land known as No.170 Old Ojo Road, Amuwo Odofin, Lagos in favour of the plaintiff and that the plaintiff is the person entitled to the issue of a Certificate of Occupancy in respect of the piece of land.
8. A Perpetual Injunction to restrain the Defendant, whether by himself, his servant or agents or otherwise whosoever, from entering or using the said parcel of land.
9. Damages of N27,000.00 (Twenty seven thousand naira) being the total cost of the damaged building and converted materials by the Defendant belonging to the plaintiff.
10. N50,000.00 general damages for trespass by the defendant, suffered on the plaintiff.
11. An order that the defendant renders a detailed written account of all the rent and monies collected from tenants on the said piece of land from January 1990 till judgment is given, and to the plaintiff.”

Pages 1- 2 and pages 86 -90 of the Record of Appeal.

There is a defence to Counter-Claim filed on the 1st of September 1997 – Page 52 of the Record of Appeal.

The Defendant (Appellant) counter-claimant in an amended statement of Defence and Counter Claim filed on the 23rd of October 1996, sought the following:

(i) A declaration that the regularization letter dated 12th of June 1997, written from the Federal Ministry of Works and Housing to the Defendant was validly obtained.

(ii) N100,000.00 (One Hundred Thousand Naira) being damages for trespass to the said land as the plaintiff have consistently been entering and taking people to the land at 170 or 360 Old Ojo Road, Satelite Town, Lagos to the embarrassment of the Defendant and tenants occupying the premises.

(iii) An order of perpetual injunction restraining the Plaintiff, its servants, agents and/or privies from committing any further acts of trespass on the Defendant’s land.

Pages 42 -45 of the Record of Appeal.

SYNOPSIS OF FACTS LEADING TO THIS APPEAL

On the 25th of April, 1974, the Respondent (Plaintiff in the Court below) leased a piece of land from the Kuje Amuwo and lmore family of Amuwo Odofin, Lagos.

He was issued with a receipt, and in due course, the family executed a Deed of Lease in favour of the Respondent which was duly registered as No. 31. Page 31 in volume 1805 of the Land Registry, Lagos.