Before Their Lordships
MUHAMMAD MUNTAKA-COOMASSIEJustice of The Supreme Court of Nigeria
OLABODE RHODES-VIVOURJustice of The Supreme Court of Nigeria
NWALI SYLVESTER NGWUTAJustice of The Supreme Court of Nigeria
KUMAI BAYANG AKA’AHSJustice of The Supreme Court of Nigeria
CHIMA CENTUS NWEZEJustice of The Supreme Court of Nigeria
Between
DR. SOGA OGUNDALUAppellant(s)
AND
CHIEF A.E.O. MACJOBRespondent(s)
OLABODE RHODES-VIVOUR, J.S.C. (Delivering the Leading Judgment): This is an appeal from the decision of the Court of Appeal, (Ibadan Division) delivered on the 23rd day of November, 2004, which affirmed the decision of an Abeokuta High Court delivered on the 20th day of September, 1999. The respondent, as plaintiff sued the defendant/appellant on a 15 paragraph Amended Statement of claim for:
(a) A DECLARATION that the plaintiff is the person entitled to a statutory right of occupancy in respect of ALL THAT piece or parcel of land situate lying and being behind WAEC office Onikolobo Abeokuta.
(b) FORFEITURE on grounds of misconduct of any rights of interest in respect of any structure or structures held by the defendant on the said land.
(c) N50,000 damages for trespass committed by the defendant for going on the plaintiffs land.
(d) AN ORDER OF PERPETUAL INJUNCTION restraining the defendant his servants, agents, privies from committing any further acts of trespass on the said land.The defendant responded by filing a 29 paragraph amended statement of defence and 6 paragraph counter-claim.
The defendant counter-claimed against the plaintiff as follows:
(a) A DECLARATION that the agreement reached between the plaintiff and defendant on 6th November, 1988 was an agreement to assign the land in dispute which land in dispute is verged BLUE in Plan No. SOFG/06.001(D)/96 drawn by S.O. Fajobi, Licensed Surveyor and dated 8th February, 1996 and that the said agreement was not a leasehold.
(b) AN ORDER of specific performance compelling the plaintiff to execute or process the relevant title documents in favour of the defendant.
(c) AN ORDER of perpetual injunction restraining the plaintiff whether by himself, his servants, agents, privies from disturbing the possession of the counter-claimant in any way or manner whatsoever.
