Zanen Verstoep & Company Nigeria Limited V. Four Star Industries Limited (2016)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

UGOCHUKWU ANTHONY OGAKWU, J.C.A.(Delivering the Leading Judgment)

This litigation is in respect of a piece of land situate at No. 1 Ozumba Mbadiwe Road, Victoria Island, Lagos. The Respondent was the Claimant in the action instituted at the High Court of Lagos State in Suit No. M/543/2003: FOUR STAR INDUSTRIES LTD vs. ZANEN VERSTOEP & COMPANY NIG. LTD. The reliefs claimed by the Respondent in paragraph 21 of the Amended Statement of Claim filed on 18th June 2009 on the basis of which the action was prosecuted are:

(a) A Declaration that the Claimant is the bona fide holder of the Statutory Right of Occupancy in and over the piece of land situate at No. 1 Ozumba Mbadiwe Road Victoria Island Lagos by virtue of the certificate of Occupancy registered as No. 13 at page 13 at page 13 in Volume 1989B dated 28/2/1989 at the Lands Registry, Alausa, Lagos granted by the Lagos State Government and No. 77 at page 77 in Volume 26 at the Federal Lands and registry office dated 22nd November, 1996 and granted by the Federal Government of Nigeria.

(b) Possession of the piece of land situate at No. 1, Ozumba Mbadiwe Street, Victoria Island, Lagos and

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covered by the Lagos State Certificate of Occupancy Registered as No. 13 in volume 1989B dated 28/2/89 at the Lagos States Lands Registry, Alausa, Lagos and Federal Government Certificate of Occupancy registered as No. 77 at page 77 in volume 26 at the Federal Lands Registry office dated 22/11/1996.

(c) The sum of N10, 000,000.00 (Ten Million Naira Only) for special damages being the amount expended by the Claimant for the purpose of constructing the 4 nos. 3 Bedroom flats which was pulled down and destroyed by the agents or thugs of the Defendants.

(d) Perpetual injunction restraining the Defendants either by themselves, agents, servant, privies or anybody whatsoever from trespassing or further trespassing on the Claimants landed property situate at No. 1 Ozumba Mbadiwe Road, Victoria Island, Lagos.

(e) The sum of N5, 000, 000. 00(Five Million Naira only) being general damages for continuous trespass, inconvenience, economic loss resulting from the destruction of the Claimants properties.

(See pages 461-462 of the Records)

The Appellant herein who was the Defendant at the Lower Court counterclaimed and claimed for

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the following reliefs:

(a) A Declaration that the Certificate of Occupancy registered as number 13 in volume 1989B dated 28th February, 1989 over the land situate at Ozumba Mbadiwe Street, Victoria Island, in favour of the defendant to the counter claim is null, void and of no effect whatsoever as a result of the doctrine of lis pendens by virtue of the alienation of the said land by the Grantor, being the Lagos State Government during the pendency of Suit No. LD/2371/88 between the 2nd Defendant and the Lagos State Government.