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CaseLaw

Agbogunleri V. Depo ((2008) CLR 1(i) (SC)

Judgement delivered on January 25th 2008

Brief

  • Privies
  • Estoppel
  • Res Judicata
  • Concurrent finding of fact
  • Judgement against parties and privies

Facts

From the pleaded facts of her statement of claim, the Plaintiff, one Madam Abusatu Agbogunleri was the head of Agbogunleri family of Agege. She instituted the suit giving rise to this appeal before the Lagos High Court of Justice, on her own behalf and on behalf of the Agbogunleri family making the following claim against the Defendants:-

  • 1
    A declaration that Agbogunleri family is the person entitled to statutory right of occupancy in respect of the land situate, lying and being at No. 17, Old Abeokuta Road, Isale Oja, Agege.
  • 2
    Perpetual injunction restraining the Defendants jointly and severally from committing further act of trespass on the Plaintiff land.
  • 3
    Special and general damages as follows:-
    • i
      Seven thousand 6x6x18 vibrated cement blocks at N25 = 175,000.00
    • ii
      Six thousand 9x9x18 vibrated cement blocks at N35 = 210,000.00
    • iii
      Three hundred bags of cement at N450 per bag = 135,000.00
    • iv
      Three tones of iron rod at N15,000.00 by tones = 135,000.00
    • v
      Forty lorry loads of gravels at N3, 000 .00 per load = 120,000.00
    • vi
      Thirty lorry loadsofsharpsandatNl,500.00 = 45,000.00
    • vii
      Filling sand, twenty lorry loads at N800.00 per load = 16,000.00
    • viii
      One hundred boundless roofing sheets = 200,000.00
    • ix
      Wiring and other electrical materials = 80,000.00
      • Total = 916,000.00
Grand damages = 500,000.00
Grand Total = 1,416,000.00

Save and except where the Defendants specifically admitted, they denied in their statement of defence each and every allegation of facts made in the Plaintiffs statement of claim. The 4th Defendant indorsed a counter-claim against the Plaintiff as follows:-

  • 1
    General damages for trespass on the 4th Defendants' land in January 1996, N500,000.00
  • 2
    Special damages for vandalizing and demolishing St. John's Church (Mud) in June, 1996, N200,000.00
  • 3
    For the sum paid to Stevak Enterprises for construction work in advance per receipt N1,500,000.00
  • 4
    The 4th Defendant claims the sum of N3,500.000.00 as special damage and N500,000.00 as general damages. Total N4,000.000.00 (Four Million Maria).

The Plaintiff sought for and was granted extension of time by the trial Court to file his reply to the Defendants statement of defence and the counter-claim set out in it. In that reply Plaintiff set out her defence to the counter-claim.

At the trial the Plaintiff called three witnesses in support of the Plaintiffs claim. The Defendants called six witnesses. In her judgment the learned trial Judge Kekere-Ekun, J., dismissed the claims of the Plaintiff. The counter-claim of the 4th Defendant succeeded and the 4th Defendant was awarded the sum of N1,510,000.00 as special damages. Dissatisfied with that decision, the Plaintiff appealed to the Court of Appeal, Lagos Division (Court below).

In the Court below, the appeal was partially allowed. Judgment of the trial Court dismissing the Plaintiffs claim was affirmed. The award of N1,510,000.00 as special damages was set aside. N10,000.00 was awarded as damages.

Still dissatisfied the Appellant appealed to the Supreme Court

Issues

Whether the Court of Appeal was right in upholding the finding that the...

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