Sterling Plantation And Processing Company Limited V. Chief Solomon Akoteyon Agbosu & Ors (2013)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

SAMUEL CHUKWUDUMEBI OSEJI, J.C.A. (Delivering the Leading Judgment)

This is an appeal against the judgment of the High Court of Lagos State delivered by H. A. O. Abiru J. on 17-4-2007 in suit No.ID/1725/2001. Wherein judgment was entered in favour of the claimants.

The claimants (now the 1st – 4th Respondents) had by a writ of summons and statement of claim dated 9 – 8-2001 brought an action in the High court of Lagos state, against the 1st, 2nd, 3rd and 4th defendants (now appellants) and 5th, 6th and 7th Respondents). By paragraph 12 of their amended statement of claim dated 24-1-2007 they claimed against the defendants as follows.

WHEREUPON the plaintiffs claim as follows:

1. “A DECLARATION that the Topo community is presently and immediately entitled to the reversion and/or possession of the piece or parcel of land more particularly described in the Lease Agreement dated the 14th June 1924 and registered as No.90/439/Vol.144 in the Lands Registry at Ikeja by virtue of said Lease having been abandoned by the 1st Defendant to whom it was granted.
2. “PAYMENT by the 1st, 2nd and 3rd Defendants to Topo Community of the arrears of rent owed but unpaid since the beginning of the third 30 years of the lease on the 6th of June, 1984 up till 1982 when the lease was abandoned.
3. “PAYMENT by the 4th Defendant of Mesne profit at the same rate as the prescribed rent with effect from 1982 the date when it first entered the said piece or parcel of land for the purpose of exploiting its coconut plantation without any claim of right.

The 6th Respondent as 2nd defendant at the Lower Court filed an 11 paragraph statement of defence dated 8-2-2002. The appellant as 4th defendant also filed its own statement of defence dated 15/5/2002. The 1st and 3rd defendants, (now 5th and 7th Respondents did not file any pleadings or participate in the trial at the lower court.

Briefly put, the case for the 1st to 4th Respondents as claimants in the Lower Court was that they are the owners of the land in dispute from time immemorial and sometime in 1924 they granted a lease of ninety years over the land in favour of the 5th Respondent as evidenced by a lease Agreement dated 14/6/1924 and Registered as No 90 at page 439 in volume 144 of the Deeds Register at the Lands Registry office in Lagos. Rent for the lease was put at forty pounds per annum for the first 30 years and thirty pounds per annum for the second thirty years and twenty pounds for the last.

The first two thirty years of between 1924 and 1954 and 1954 to 1984 have been paid while that of 1984 to 2014 is still pending. However in the early 1960s the 5th Respondent surrendered the land to the then Government of western Nigeria. The Lagos State Government subsequently transferred the land to the 7th Respondent sometime in 1982 and the 7th Respondent in turn transferred it to the appellant. The 5th Respondent still has a cemetery and a primary school on the land but when some years back rent was demanded, they said that they are no longer on the land.

The 6th Respondent on the other hand claimed to have acquired the land sometime in 1972 and denied transferring the land to the 7th Respondent. They also pleaded that the suit is statute barred and the claimant guilty of acquiescence. The Appellant also denied all the claims of the 1st to 4th Respondents and contended that it bought the land in dispute from a Receiver/Manager in an open market and has the relevant documents to prove it.

At the trial, the 1st to 4th Respondents called two witnesses and tendered two exhibits in evidence. The 6th Respondent called one witness and tendered one exhibit in evidence. The appellant did not lead any evidence in support of its pleadings.

At the conclusion of the trial and adoption of written address by counsel who participated in the trial, the Lower Court in its Judgment which was in favour of the 1st to 4th Respondents as claimant held as follows:

In conclusion, judgment is hereby entered in this suit as follows;

(i) It is hereby declared that the Topo Community is entitled to the present and immediate reversion and possession of the piece or parcel of land more particularly described in the Lease Agreement dated the 14th of June, 1924 and registered as No. 90 at page 439 in Volume 144 of the Register Deeds in the Lands Registry at Ikeja by reason of the said lease having been abandoned by the first Defendant to whom it was granted.

(ii) The Claimants’ claim for the payment by the first, second and third Defendants to Topo Community of the arrears of rent owed but unpaid since the beginning of the third thirty years of the lease on the 6th of June, 1984 up till 1982 when the lease was abandoned fails and it is hereby dismissed.

(iii) The Claimants’ claim for the payment of mesne profit by the fourth Defendant at the same rate as the prescribed rent on the lease agreement with effect from 1982 the date when it first entered the said piece or parcel of land for the purpose of exploiting its coconut plantation without any claim fails and it is hereby dismissed.