Alhaji Fatai Adekunle Teriba V. Wale Adeyemo (2010)

LAWGLOBAL HUB Lead Judgment Report

FRANCIS FEDODE TABAI, J.S.C.

This appeal is against the judgment of the Ibadan Judicial Division of the Court of Appeal dated the 7th of December 1995. The initial action itself was commenced at the Ibadan Judicial Division of the High Court of Oyo State on the 16th of May 1980 when the writ of summons was issued.

A. T. Adeyemo was the sole Defendant. By an order of Court dated 2/11/1981 Mr. Adegboyega Adebayo Yinusa was joined as second Defendant. By yet another order of Court the 3rd Defendant was also joined.

In the amended writ of summons and amended Statement of Claim the Plaintiff claimed as follows:

(a) As against the first Defendant:

(i) Declaration that the Plaintiff is entitled to Certificate of Occupancy in respect of all that piece or parcel of land covered by Deed of Conveyance registered as Instrument No. 52 at Page 52 in Volume 1144 of the Lands Registry in the office at Ibadan, situate lying and being at Jokodo Akufo Road, Ibadan.

(ii) N1,000.00 (one thousand naira) being general damages for continuing trespass being committed by the Defendant on the said land.

(iii) Injunction restraining 1st Defendant, his servants, agents or privies from committing further acts of trespass on the land

(b) As against the 2nd Defendant.

(i) Perpetual injunction restraining them, their agents or privies from committing further acts of trespass on the said land.

(c) As against the 3rd Defendant.

(i) An order setting aside the Certificate of Occupancy dated 2nd February 1981 and registered as Instrument No. 14 at Page 14 in Volume 2356 of the Lands Registry in the office at Ibadan.

The 2nd Defendant counter-claimed in the following terms:

(i) The sum of N1,000.00 (one thousand naira) each against the Plaintiff and 1st Defendant for continued trespass on the land in dispute, and