Sherif Ajasa & Ors V. MR. Idowu Elegbede & Anor (2016)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

HARUNA SIMON TSAMMANI, J.C.A.(Delivering the Leading Judgment)

This appeal is against the judgment of the Ogun State High Court, sitting at Ilaro in the Ayetoro Judicial Division, delivered by H. O. Solanke, J on the 2nd day of December, 2011 in Suit No. HCT/194/2003.

The suit before the trial High Court was initiated by a Writ of Summons dated and filed on the 14/7/2003. This was followed by a Statement of Claim dated and filed the 26/01/2004. The said Statement of Claim was amended three times, with the last being the 3rd Amended Statement of Claim dated the 26/01/2004 but filed on the 19/5/2011 pursuant to the order of Court made on the 15/4/2011. By the said 3rd Amended Statement of Claim, the Plaintiffs who are now Respondents, sought the following reliefs:

(a) N500,000.00 as damages for trespass committed by the Defendants on the land of the Plaintiffs more particularly described as edged RED on Survey Plan Number OG/793/2003/06 drawn by A. O. Oyegbola, Licensed Surveyor.

(b) Perpetual Injunction restraining the Defendants, their agents, servants and privies from trespass or further trespassing on the said

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Plaintiffs? land.

?The response of the Defendants, who are now Appellants, is contained in their Amended Joint Statement of Defence dated the 22/7/2005 but filed on the 19/7/2011. Therein, the Defendants/Appellants denied the Plaintiffs?/Respondents? Claims as being frivolous, unmeritorious and prayed that same be dismissed. The Defendants/Appellants however Counter-Claimed as follows:

(a) A declaration of this Honourable Court that Oguntoye Agangbo family of Ota consists of (5) five stocks.

(b) A declaration of this Honourable Court that the Deed of Ratification dated 27th May, 2003 executed by (3) three stocks of the Agangbo family without the concurrence of all the (5) five stocks of the Agangbo family is unconstitutional invalid, null and void and of no legal effect.

(c) An order setting-aside the said Deed of Ratification dated 27th May, 2003.

(d) Cost of this action.

At the hearing of the action, the Respondents who were the Plaintiffs called three witnesses who testified as PW1, PW2 and PW3 respectively. The Appellants as Defendants also called three witnesses who testified as DW1, DW2 and DW3 respectively.

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