Registered Trustees of Deeper Christian Life Ministry V. Mr. Joseph Ebhodaghe (2007)

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ABIMBOLA OSARUGUE OBASEKI-ADEJUMO, J.C.A.

This is a judgment of CANDIDE-JOHNSON, J. of the Lagos State High Court delivered on 17/01/2014. The Respondent had filed an action by way of writ of summons and amended statement of claim for the following reliefs:

“(i) A declaration by the Court that the claimant is the owner of the piece/parcel of land measuring approximately 1055.864 square Agege Lagos and registered, as No.75 Vol. 2004T at Lagos State of Nigeria lands registration.

(ii) A declaration that, the defendant is a trespass to the piece/parcel measuring approximately 1058.864 square meters situate and being at Mulero Street off Oyewole Road Mulero Agege Lagos and registered as No. 75 page 75 Vol. 2004T at the Lagos State of Nigeria, Land Registration Office Ikeja.

(iii) An order of the Honourable Court awarding the sum of N5,000,000 (five million naira) as general damages against the defendant to the claimant for trespass committed in the claimant’s piece/parcel of land measuring approximately 1055.864 square meters situate, laying and being at Mulero Street, Off Oyewole

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Road, Agege, Lagos and registered, as No. 75 page 75 in Vol. 2004T at the Lagos State of Nigeria Land Registration Office Ikeja.

(iv) An order of perpetual injunction restraining the defendant’s servants, agents privies whosoever or howsoever called from further trespass on the claimant’s piece/parcel of land measuring approximately 1055.864 square meters situate, laying and being at Mulero Street, Off Oyewole Road Agege Lagos end, Registration as No 75 @ page 75 Oyewole road Mulero Agege Lagos and registered at Agege Lagos and, registered as No. 75 page 75 in Vol. 2004T at the Lagos State of Nigeria Land Registration Office Ikeja and for such further orders as the honourable Court may deem fit.”

After trial the trial Court delivered its Judgment in favour of the plaintiff, the defendant dissatisfied with the Judgment filed a Notice of Appeal.

The Appellant’s brief is dated 27/03/2015 and deemed filed on 14/04/2015 same as settled by G. I. J. Akhigbe for G. I. J. Akhigbe solicitors. He formulated ten grounds of appeal at page 266-274 and six issues for determination.

(a) Whether having regard to the documentary and, oral evidence adduced, before

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the Court the Appellant s title to the land in dispute is not superior to the Respondent’s competing title (Ground’s a, b, d, e, f, and g)

(b) Whether the trial Court is right to have embarked on self examination of the Appellant’s survey plans with Respondents survey plans suo muto in chambers without calling on the parties to address him on it thereby denying the Appellant a fair hearing and dental of justice (Ground, C)