Compulaw - 1st Indigenous Digital Law Library

Brief

Statutory power
Right of appeal
Concurrent findings of fact
Judgement not appealed against
Trespass
Right of occupancy (Burden of proof)
Lease & Right of occupancy under land use act
Joinder of parties
Revocation and forfeiture

Facts

The plaintiff/respondent in this appeal commenced proceedings against the 1st defendant/respondent, 2nd defendant/appellant and 3rd defendant/appellant by a writ of summons filed if the Ikeja Judicial Division, High Court of Lagos State and the claim endorsed in terms expressed therein reads:

1
The plaintiff’s claim is for the sum of One Million Naira (N1,000,000.00) jointly and severally against the defendants being special and general damages for destruction of plaintiffs property and goods and trespass committed by the defendants on the land of the plaintiff at Plot No. H Mushin Light Industrial Estate Scheme II Mushin and comprised in the Deed of Lease dated 26th January, 1976 and registered as No. 77 at page 77 Volume 1534 of the Lands Registry in the office at Lagos;
2
Perpetual injunction restraining the defendants, their agents, servants, assignees from continuing the said trespass on the property and) land."

In paragraph 2 of the statement of claim, the claim was repeated with slight modification as follows:

"By the actions of the defendants, the plaintiff could not work at the factory thereby losing staff and customers and suffered severe losses financially: Whereof the plaintiff claims special and general damages against the defendants jointly and severally for the sum of one million Naira (N1,000,000.00) for the destruction of the plaintiffs property and trespass committed by the defendants on the plaintiff's.... land situated and lying at Plot No. 10 Block D Matori Industrial Scheme Layout, Mushin Lagos.

Particulars of Special Damages

1
Cost of buildings, fence etc. destroyed N 470,000.00
2
Cost of materials destroyed N80,000,00
3
Money lost N 21,000.00
4
Documents etc. N 8,000.00
5
Blocks destroyed N 60.000.00
N1,000.000.00

At the High Court, there was a 4th defendant named Alhaji R.I. Solomon. Pleadings were filed and exchanged, delivered or served.

It was not disputed that in 1971 the 1st Defendant had granted a lease of State land for a period of 90 years to the Plaintiff who took possession and made some developments thereon.

In November 1980, Defendants broke into the land and demolished the Plaintiffs buildings. The land had been granted to the 3rd Defendant by the Government of Lagos State on 7th August, 1980.

Defendants' argued that the Lagos State Government forfeited the Plaintiffs interest in the land based on breaches of the terms of the grant. Alternatively, Defendants argued that the interest of the Plaintiff in the land had been determined by the revocation of his right of occupancy over the land by the Governor of Lagos State.

After hearing evidence and addresses of counsel, the trial judge held as follows:

a
dismissing the claim against the 4th defendant in its entirety, and,
b
entering judgment in favour of the plaintiff against the 1st, 2nd and 3rd defendants for damages for trespass; and
c
granting an order of injunction against the 1st, 2nd and 3rd defendants.

The trial Judge then awarded a total sum of N303,000.00 to the plaintiff as special damages and the sum of N2,000.00 as general damages against the 1st, 2nd and 3rd defendants jointly and severally.

Defendants, dissatisfied appealed to the Court of Appeal which dismissed the appeal on the question of liability but allowed it in part on the issue of damages.

2nd and 3rd defendants still dissatisfied appealed to the Supreme Court.

Issues

1
Whether it was for the defendants to plead and prove the validity of the...

Osho V. FFC (1991) CLR 5(g) (SC)

Judgement delivered on May 17th 1991

Brief

Facts

Issues