Judgment
ABDULLAHI MAHMUD BAYERO, J.C.A. (Delivering the Leading Judgment) : The High Court of Lagos State, Ikeja Division, Coram: L. A. Okunnu, J., on 26th June, 2009, delivered its considered judgment in Suit No: ID/1201/2004. The lower Court found in favour of the Respondents as per their Counter-Claim. The reliefs sought by the Appellant from the lower Court, as endorsed on the face of the statement of claim are: i.
A Declaration that the Claimant is the Legal Owner of the Six (6) Plots of land lying and situates at Oke-Ogbere, Isolo, Lagos State by virtue of Certificate of Occupancy registered as No. 92 Page 92 Volume 1998 J at the Registry Office, Ikeja, Lagos State dated 13th September, 1998. ii. A DECLARATION that consequent upon paragraph (i) above, the Certificate of Occupancy issued to the Claimant is still subsisting in respect of the land in dispute. iii.
A DECLARATION that the 1st and 2nd Defendants whether by themselves, their servants, agents and/or privies have no legal and/or equitable interest known in law in the Claimant’s property and appurtenances lying, situate and being at Oke-Ogbere, Okota, Isolo, Lagos State.
iv. A DECLARATION that the possession and occupation of the land in dispute by the Defendants, their servants, agents and/or privies amounted to acts of trespass of the (see page 7 of the record). v. AN ORDER consequent upon the foregoing reliefs setting aside all transactions in whatever form on the land in dispute purportedly done or transacted by the Defendants, their servants, agents and/or privies. vi.
The sum of Fifty Thousand Naira (N50,000.00) being general damages against the Defendants jointly and severally for trespass, unlawful entry, deprivation of use, unlawful possession of the land in dispute and for demolition of the fence erected by the Claimant by the 1st and 2nd Defendants, their agents, servants and/or privies. vii.
AN ORDER of perpetual injunction restraining the Defendants whether by themselves, their servants, agents and/or privies jointly and severally from further acts of trespass on the said land in dispute and/or disturbing the peaceful possession of the Claimant on the land in dispute viii. AN ORDER granting possession of the said land in dispute to the Claimant.
