Rev. Funso Akeju & Ors V. Isaac Kayode (2014)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

SOTONYE DENTON WEST, J.C.A (Delivering the Leading Judgment)

This is an appeal by the Defendant (now Appellants) against the decision of the Ondo State High Court sitting in Akure delivered by Honourable Justice O. O. Akeredolu on 28th September, 2008.

The learned trial justice granted all the reliefs sought by the plaintiff (now Respondent) against the 1st and 2nd Defendants. The Defendants not satisfied with the decision appealed to this court by their Notice of appeal dated 24th October, 2008. See pages 96-158 of the record of Appeal.

On the 14th day of March, 2011, the Respondent at the trial court had instituted an action against the appellants by a writ of summons at the registry of the court, claiming the reliefs set out below:

1. A declaration that the 1st Defendant has no disposable interest in respect of the plaintiff’s property situate, lying and being at Gaga Road, Oke-Aro, Akure covered by a certificate of statutory Right of Occupancy Registered as No.56 at page 56 in volume 309 at the Deeds Registry, Akure same having been mortgaged to Icon Limited (Merchant Bankers) which mortgage is yet to be discharged.
2. A declaration that the 1st Defendant has no disposable interest in respect of the plaintiff’s property situate lying and being at Gaga Road, Oke-Aro, Akure covered by a certificate of Statutory Right of Occupancy Registered as No. 56 at page 56 in volume 309 at the deeds Registry Akure the plaintiff having repaid the sum of N30,000.00 borrowed from the 1st Defendant on the 3rd day of August, 1999.
3. A declaration that the interest of 30% for month charged by the 1st defendant on the sum of N30,000.00 borrowed by the plaintiff from the 1st defendant sometimes 1998 is illegal and null and void.
4. A declaration that the purported sale of the plaintiffs property situate, lying and being at Gaga Road, Oke-Aro, Akure covered by a certificate of statutory right of occupancy registered as No. 56 at page 56 in volume 309 at the deeds registry, Akure to the 1st defendant via a loan agreement dated 12th January,
5. 1997 and an affidavit of sale dated 18th day of August, 1998 without the consent of the government first sought and obtained is void and of no effect as same is contrary to the provisions of the Land Use Act, 1978.
6. A declaration that the purported sale of the plaintiffs property situate, lying and being at Gaga Road, Oke-Aro, Akure covered by a certificate of statutory right of occupancy registered as No. 56 at page 56 in volume 309 at the deeds registry, Akure by the 1st Defendant to the 2nd Defendant without the consent of the Government first sought and obtained in accordance with the provisions of the Land Use Act, 1998, is null and void and of no effect.
7. An order nullifying the purported sale of the plaintiffs property situate, lying and being at Gaga Road, Oke-Aro, Akure covered by a certificate of statutory right of occupancy registered as No. 56 at page 56 in volume 309 at the deeds registry Akure by the plaintiff to the 1st defendant as same was obtained under duress.
8. An order nullifying the purported sale of plaintiffs property situate, lying and being at Gaga Road, Oke-Aro, Akure, covered by a certificate of statutory right of occupancy registered as No. 56 page 56 in volume 309 at the deeds registry, Akure by the 1st defendant of the 2nd defendant.
9. An order giving possession of the property situate, lying and being at Gaga Road, Oke-Aro, Akure the same covered by a certificate of statutory right of occupancy registered as No. 56 at page 56 in volume 309 at the deeds registry, Akure to the plaintiff which property has been unlawfully and illegally occupied by the 2nd defendant.
10. An order perpetual injunction retraining, the defendant, their agents, privies, nominees whosoever and howsoever from further committing acts of trespass or repossessing or entering the plaintiff’s property situate lying and being at Gaga Road, Oke-Aro, Akure covered by a certificate of statutory right of occupancy registered as No. 56 at page 56 in volume 309 at the deeds registry, Akure.
11. A sum of N1.5 million as damages for the false imprisonment, illegal, wrongful and unconstitutional detention of the plaintiff at the Army Barracks at the instigation of the 1st defendant see pages 5-9 of the rewards of this appeal.

The parties joined issues, filed and exchanged their respective pleadings, led evidence and exchanged their filed written addresses.

The learned trial court delivered its judgment on 26th of September, 2008 and granted all the reliefs of the respondent see pages 96-150 of the records of this appeal.

The appellants in their joint Brief of Argument dated this 5th day of March, 2012 but filed on 12th March, 2012 distilled the issues bellow for determination in this appeal.

(1) Whether the respondent’s claims against the appellant should have been granted given the evidence adduced before the Honourable Court.

(2) Whether the refusal of the amendments sought by the appellants at the trial court does not amount to a denial of fair hearing.

(3) Whether from the totality of the evidence on record both oral and documentary, a case of false imprisonment illegal, wrongful and unconstitutional detention of the respondent was made out.

On the other hand, the respondent in his brief of argument dated 22nd day of August, 2012 but filed on 6th day of September, 2012 submitted the two (2) issues below for determination.

(1) Whether from the totality of evidence before the lower court the learned trial judge was right and correct in – law to have entered judgment in favour of the plaintiff/respondent.

(2) Whether the exercise of the trial court’s discretionary power in dismissing the appellants’ application dated 13th May, 2008 for amendment was judiciously and judicially exercised.

I have taken a close look at the issues formulated by the parties in this appeal and I wish to adopt the issues raised by the appellant for the purpose of the determination of this appeal for being encompassing.