Wema Bank Plc V. Mrs. Abiola Adesina (Nee Okunubi) & Anor. (2006)

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RAPHAEL CHIKWE AGBO, J.C.A.

At the Lagos State High Court at its Lagos Judicial Division the respondent in this appeal had as plaintiff in suit No. LD/44 77/94 claimed of the defendant now appellant in his statement of claim as follows:-

“WHEREOF the Plaintiff claims against the Defendant:-

1. A declaration that by inheritance through his father’s WILL, the Plaintiff is the owner of the land at No. 24, Akanni Street, Lagos, comprised in Title No. LO 0054 registered pursuant to the Registration of Title Law Cap. 124, Laws of Lagos State and being Plot 17 of the Lagos Central Planning Scheme Sub-area 5.

2. Damages for trespass.

3. An Injunction restraining the Defendant and its officers, agents or servants from trespassing or continuing to commit acts of trespass on the said land.”

Pleadings were filed and exchanged and the case went to trial. Evidence was led by both sides and thereafter parties through Counsel addressed the court. In a considered judgment the court below held as follows:-

“On the whole, the plaintiff’s claim succeeds in its entirety and I hereby make the following orders:

(1) This court hereby makes a declaration that by inheritance through his father’s Will, the plaintiff is the owner of the land at No. 24 Akanni Street, Lagos Comprised in title No 0058 registered pursuant to the Registration of Titles Law Cap. 124 Laws of Lagos State and being plot 17 of the Lagos Central Planning Scheme

(2) N900.00 as damages for trespass

(3) The defendant is hereby restrained by themselves, any of its officers, agents or servants from trespassing or continuing to commit acts of trespass on the said land.

Costs of the action is N25,000.00 in favour of the plaintiff’.

Not being satisfied with this judgment, the appellant filed this appeal and in its further Amended notice of Appeal dated 6th October 2000 and filed the same day set out its grounds of appeal as follows-

GROUNDS OF APPEAL