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CaseLaw

Rabiu Vs. Adebajo (2012) CLR 6(h) (SC))

Judgement delivered on June 15th 2012

Brief

  • Declaration of title
  • Concurrent finding of fact
  • Exercise of discretion

Facts

Endorsed on the Writ of Summons filed in the Registry of the Ikeja Division of the High Court of Lagos State are the following claims made by the plaintiff (now appellant) against the defendant (now respondent):

  • 1
    "Perpetual injunction restraining the defendant by himself, his servants, agents, privies and otherwise howsoever trespassing on or in any manner dealing or interfering with the plaintiff's possession of the property lying and situate at No. 7, Adebajo Street, Soluyi Village, Gbagada, Lagos State.
  • 2
    The sum of N500, 000.00 being damages for trespass committed by the defendant, his agents, servants and or privies on the plaintiff's property situate at No. 7, Adebajo Street, Soluyi Village, Gbagada, Lagos State. "

However, in the amended Statement of Claim, the plaintiff claimed from the defendant as follows:

  • i
    "A declaration that the plaintiff holds the right of occupancy over the said parcel of land delineated in Plan No. OF/87 9 of 23rd March, 1977, lying and situate at No. 5, Adebajo Street, Soluyi Village, Gbagada, Lagos.
  • ii
    An injunction restraining the defendant by himself, his servants, agents, privies or otherwise howsoever from further acts of trespass on the said land.
  • iii
    Special and general damages for trespass to the land amounting to N652, 490.00:
    • A
      Special Damages
    • a
      12 Nos. Mattresses @ N400.00 each = N4,800.00
    • b
      12 Nos. Beddings at N2 75.00 each = N3,300.00
    • c
      Assorted clothing materials = N8,700.00
    • d
      9" x " blocks (1,350 pieces) = N14,850.00
    • e
      Main Gate = N4,500.00
    • f
      Cement (1,350 bags) @ N86 each = N116,100.00
    • g
      Key to Main Gate = 90
    • h
      Chain (Long) = 150.00
    • Balance b/f = 152,490.00
    • B
      General Damages
    • General damages for trespass and Harassment = N500,800.00
    • TOTAL = N652,490.00"

    In his amended Statement of Defence, the respondent, as defendant, denied the claim and counter-claimed thus:

    • 32
      "The defendant repeats his averments in paragraphs 1 to 36 of the Amended Statement of Defence.
    • 38
      The defendant therefore claims against the plaintiff:
      • a
        A declaration that the defendant is entitled to the Statutory or Customary Right of Occupancy of the piece of land edged red in Plan No. LD39/92 situate, lying and being at 5, Adebajo Street, Soluyi Village. Gbagada. Shomolu Local Government Area Lagos State.
      • b
        N1,000.00 general damages for trespass committed by the plaintiff his servants and agents in the land.
      • c
        Injunction restraining the plaintiff, his servants and agents from committing further act of trespass on the said land."

    In its judgment at the end of the trial, the trial court dismissed the plaintiff's (appellant's) claim and granted the reliefs sought in the counter-claim by the respondent.

    Appellant was not satisfied with the judgment against him and he appealed to the court below. In its judgment, the court below concluded thus:

    • "In summary, having regard to all I have been saying, it is my judgment that this appeal is unmeritorious. It is accordingly dismissed with N7,500.00 costs in favour of the respondent. "(See page 371 of the record.)

    Still not satisfied with the judgment, the appellant appealed to this court

Issues

  • 1
    Whether the interference that the respondent had established a better title...
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