Sark Power Generation Nigeria Limited V. Chief Oluwo Odeneye Akinwunmi & Ors (2014)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

CHIDI NWAOMA UWA, J.C.A. (Delivering the Leading Judgment)

The 1st – 6th Respondents herein were the original Claimants at the High Court of Ogun State, Abeokuta Division, presided over by Jibodu, J. On 18th June, 2009, judgment was given in favour of the 1st – 6th Respondents in terms of the reliefs sought in their Writ of Summons and Statement of Claim. The Appellant’s counter-claim was dismissed.

The 1st – 6th Respondents herein as claimants commenced the action at the lower court against the Appellant and the 7th Respondent herein (as Defendants) vide a writ of summons and statement of claim filed on 12th September, 2008 praying for the following reliefs:

(a) “Declaration that the disputed land measuring 6.581 hectares more particularly described and delineated on plan No. OG/1331/2008/86/D dated 08/09/2008 drawn by Festus A. Ogunleye, Registered Surveyor situated at Oke Afa village, Wasinmi, Obafemi Owode Local Government, Ogun State over which Plaintiff have been exercising maximum acts of ownership and possession by virtue of the traditional history a6 of possession and judicial pronouncement is plaintiff’s land.

(b) Perpetual injunction restraining 1st Defendant, his agents, servants and/or privies from disturbing the possession of Plaintiffs on the said disputed land.

(c) N500,000.00 as general damages for trespass on the disputed land, and

(d) An order directing 2nd Defendant to expunge the C of O granted 1st Defendant from its Deed Registry.”

The Appellant herein as the 1st Defendant at the trial court filed a defence to the action of the 1st – 6th Respondents and counter claimed against the 1st – 6th Respondents as follows:

a. “A DECLARATION that the counter claimant is the holder of a certificate of occupancy No. 026372 dated 20th July, 2007 issued by the Ogun State Government of Nigeria over an area of land measuring 6.581 hectares along Lagos/Ibadan Expressway, Arepo in Ifo Local Government Area of Ogun State and more particularly delineated on Survey Plan No. LC/1768(OG).

b. A DECLARATION that the counter claimant is the beneficial owner of the said land, measuring 6.581 hectares along Lagos/Ibadan Expressway, Arepo in Ifo Local Government Area of Ogun State and more particularly delineated on Survey Plan No. LC/1768(OG).

c. AN ORDER OF PERPETUAL INJUNCTION restraining the Defendants whether by themselves, their servants, agents and or privies from intermeddling with the said land measuring 6.581 hectares along Lagos/Ibadan Expressway, Arepo in Ifo Local Government Area of Ogun State and more particularly delineated on Survey Plan No. LC/1768 (OG).

d. THE SUM of N50,000,000.00 (Fifty Million Naira) being general damages suffered by the counter claimant for the repeated acts of trespass committed by the Defendant.”

The background facts are that the Respondents as plaintiffs instituted this suit against the Appellant claiming declaration of title to the disputed land amongst other things. The land in dispute was said to measure approximately 6.581 hectares. The Respondents claimed that the land is located at Oke Afa Village, Wasinmi, Obafemi Owode Local Government of Ogun State, while the Appellant pleaded that the land is situated at Arepo, Ifo Local Government of Ogun State.

The Respondents relied on traditional history of first settlement and possession by their ancestors of the disputed land and also the Judgment in suit No. AB/257/2001 (delivered on 19/1/2007) in which the acquisition of the land in dispute in that case by Ogun State High Court was allegedly voided by Olopade, J sitting in Abeokuta Judicial Division of the Ogun State High Court.