E. A. Adebo V. Saki Estates Limited & Anor. (1999)

LAWGLOBAL HUB Lead Judgment Report

E. OGUNDARE, J.S.C

The plaintiff who is the Appellant now before us bought a piece or parcel of land from one Alhaji Alii Isiba who executed a deed of conveyance in his favour. This was in 1977. The land in dispute is the land sold by Alhaji Isibato the Plaintiff and was said to form part of the land Alhaji Isiba bought from Bamgbola Amao. Bamgbola Amao for his part had bought from the Owodina family a large piece of land part of which he sold to Alhaji Isiba. On entering into possession the family of Bamgbola Amao disturbed the Plaintiff on the land claiming that the land was theirs and threatening to quit the Plaintiff from the land. The Plaintiff made his peace with the Bamgbola Amao family by repurchasing the land from them for the sum of N6,000.00. The family issued him with a receipt dated 15th December 1977 tendered in evidence as Exhibit 3 at the hearing of the action leading to this appeal. On the Plaintiff paying the purchase money, the Bamgbola Amao family allowed him to retain possession of the land.

Following his purchase of the land the Plaintiff took possession, built a walled fence round the land and commenced building operations on it. While his building operations were going on the original 2nd Defendant, Adefolu Koleosho who was Managing Director of the 1st Defendant came on the land, pulled down Plaintiff’s building and commenced a new building on the land. Both sides made reports to the Police and in the end the Plaintiff instituted the action leading to this appeal.

The Defendants claimed that the land in dispute was part of the land which one Hashimi Adekunle Smith sold to the 1st Defendant. Their case is that Owodina in 1904 sold a large piece of land of which the land now in dispute forms part to one Olukotun. Olukotun was in possession until his death in May 1918. Olukotun left a Will. The executors of his Will after proving the Will conveyed Olukotun’s land to his widow Moroundiya Labode and executed a Deed of Conveyance in her favour; this was in 1920. Labode in 1960 sold her land to one Suleman Thanni Balogun and executed a Deed of Conveyance in the latter’s favour. It was this land Balogun sold to Adekunle Smith by virtue of a Deed of Conveyance dated 2/10/65. Adekunle Smith in turn sold the said land to the 1st Defendant in November 1969 by virtue of a Deed of Conveyance. The Defendants were put in possession and fenced round the land. In 1977 one Bashorun disturbed them on the land and they drove him off. In 1982 the Plaintiff came on the land, disturbed their possession and burnt the plants they had on the land, that is, mechanical excavator and a tipping truck. A report was made to the police and Plaintiff later instituted an action against them.

Plaintiff in his action claimed N250,000.00 as special and general damages for trespass and an injunction. The Defendants for their part counter-claimed for:

“(i) A declaration that the 1st Defendant/Counter-claimant is the person entitled to the statutory right of occupancy in respect of the land in dispute by virtue of a Deed of Conveyance dated 18th November, 1969 and registered at No. 69 at page 69 in volume 1306 of the Lands Registry in the office at Lagos.

(ii) A perpetual injunction restraining the plaintiff, his servants, agents or privies from ever going on the land in dispute and committing further acts of trespass thereon.

(iii) N355,689.00 being special and general damages.”

At the trial, evidence was led on both sides. After addresses by learned counsel for the parties, the learned trial Judge (Onalaja J) considered the competing claims to title raised by the parties and concluded that both parties failed to establish title to the land. He found the plaintiff’s claim not proved and dismissed same. He, however, found for the Defendants in trespass and awarded the sum of N500.00 general damages and an injunction in their favour.

Both sides were displeased with the judgment of the learned trial Judge and appealed to the Court of Appeal. The Court of Appeal dismissed plaintiffs appeal and allowed the appeal of the Defendants. The Court, per Akpata, JCA (as he then was) adjudged as hereunder:

“In conclusion, the plaintiffs’ appeal fails. It is dismissed in its entirety. The cross-appeal of the defendants succeeds except as to exemplary or aggravated damages. Their appeal is accordingly allowed. Along with the order of injunction and general damages awarded in favour of the defendants by the learned trial Judge, it is also hereby declared that:

(1) the first defendant is entitled to a right or certificate of occupancy in respect of the land covered by the Deed of Conveyance dated 18th November, 1969 and registered as No. 69 at page 69 in Vol. 1306 of the Lands Registry in the office at Lagos, which situate at No. 84/86 Allen Avenue. Ikeja:

(2) the defendants are entitled to N105,689.00 being special damages. Costs of this appeal are assessed at N450.00 in favour of the defendants.”

It is against this judgment that the Plaintiff has further appealed to this Court upon 14 grounds of appeal. The Defendants who were still aggrieved by the refusal of the Court below to award exemplary damages in their favour also cross-appealed upon one ground of appeal.