Sunday Daniel Obiche V. John A. Adetona (2008)

LawGlobal-Hub Lead Judgment Report

DALHATU ADAMU, OFR, J. C. A.

This is an appeal against the judgment of the High Court of Lagos State, Ikeja judicial division in suit no. LD/1577/88 (Per A.J. Coker J) delivered on 18/4/2005. In the said suit (which was commenced by a writ of summons filed on 8/11/88) the respondent (as plaintiff) sued the appellant (as defendant) claiming (as per paragraph 15 of the supercedent (as statement of claim) as follows:

“15 WHEREOF Plaintiff claims:

(a) A declaration of title to the parcel of land lying situate and being at Oko-Oba, Agege, Lagos State measuring 1340.152 Square metres shown Oil survey plan No. JO204/82.

(b) N5, 000.00 (Five Thousand Naira) damages for acts of trespass committed by the defendant, his agents and/or servants; and

(c) Perpetual injunction restraining the defendant from committing further acts of trespass on the land. “- (See pages 4 – 5 of the record of appeal).

On the above claims, the defendant/appellant (hereinafter called the appellant while the plaintiff/respondent will also be simply called the respondent) filed a further amended statement of defence and counter-claim (see pages 8 – 12 of the records) wherein he counter-claimed for the same land (at paragraph 15 thereof) as follows:

“(i) A declaration that the purported GRANT of a lease by the ADETONA IYANRU FAMILY to the plaintiff is in view of the Lagos State High Court decision in Suit No. LD/292/81 delivered on 6TH June 1986, is INVALID because NEMO DAT QUAD NON HABET.

(ii) Another declaration too that in view of the decision of the LAGOS STATE HIGH COURT IN SUIT NO. LD/292/81 delivered on 6th June 1986 in which the OLAOROKUN FAMILY were held entitled to a STATUTORY RIGHT OF OCCUPANCY OVER ALL LAND MEASURING OVER 700 ACRES AT OKO-OBA, AGEGE LAGOS INCLUDING ABULE EGBA AND OTHERS” – the purported GRANT OF A CERTIFICATE OF OCCUPANCY NO. 30/30/89 IN FAVOUR OF THE PLAINTIFF BY LAGOS STATE GOVERNMENT ON 17TH

January 1989 is INVALID UNDER THE PROVISIONS OF THE APPLICABLE LAND LAWS OF NIGERIA.

(iii) A declaration that the Defendant is the legal owner of his land leased from OLAOROKUN FAMILY and to which is (sic) entitled to a peaceful and quiet enjoyment without any further interruption by the plaintiff. This land measures, 1340,152 acres in SURVEY PLAN NO. KAB/624/L/90 dated 15th December, 1990 drawn by KEHINDE ALLI BALOGUN, LICENCED SURVEYOR.

(iv) N20, 000.00 (Twenty Thousand Naira) damages for the constant harassment and acts of trespass committed by the plaintiff.

(v) A perpetual injunction restraining the plaintiff from committing further acts of trespass on the land.”

On the above claims and pleadings the respondent testified for himself and called two (2) other witnesses in proof thereof while the appellant also testified and called two (2) witnesses in support of his defence and counter claims. Learned counsel for the parties respectively addressed the Court and the trial Court on 19/1/05 adjourned for judgment on 30/3/05 but which was eventually delivered on 16/4/2005. The judgment was given in favour of the respondent whose relief of declaration of title, trespass and injunction were upheld and granted while the appellants counter claims were dismissed in their entirety. The sum of N25, 000.00 was also awarded as costs against the appellant and in favour of the respondent.