Judgment
OBANDE FESTUS OGBUINYA, J.C.A. (Delivering the Leading Judgment): This appeal interrogates the correctness of the decision of High Court of Lagos, Ikeja Division, (hereinafter addressed as “the lower Court”), coram judice: Eniola F. Longe, J., in Suit No. ID/1536/1998, delivered on 25th October, 2001. Before the lower Court, the appellant and the second–fourth respondents were the defendants whilst the first respondent was the plaintiff. The facts of the case, which transformed into the appeal, are amenable to brevity and simplicity.
Sometime in 1978, the Federal Government of Nigeria leased a large expanse of land, situate and lying along Lagos-Badagry Express Road, Lagos, to the first respondent under certain terms and conditions on its usage. In October, 1981, the first respondent subleased part of the same land to the appellant under the same conditions in the headlease. In 1993, the appellant assigned the residue of its interest in the same portion of land to the trustees of the third appellant under the certain conditions.
The first respondent alleged that in 1992, the second-fourth respondents entered the land in dispute, built buildings thereon and started using it for religious purpose contrary to the user covenant in the headlease. Sequel to that, the first respondent beseeched the lower Court, via a writ of summons filed on 1st July 1998, and tabled against the second–fourth respondents and the appellant the following reliefs: 1.
A declaration that neither the Incorporated Trustees of the Faith Revival Ministries nor any member of the Faith Revival Ministries otherwise known as “Victory Christian Centre” or Faith Revival Ministries World Outreach” have any right title or interest in all that piece or parcel of land containing an area of approximately 4.861 Hectares (12.012 acres) situate lying and being along Lagos-Badagry Express Road and more particularly described and delineated with its dimensions and abuttals on Plan No.
LAA/811/105 annexed to a deed of Sub-lease dated 12th day of October 1981 and registered as No. 34 at Page 34 in Volume 1830 in the Lands Registry in the Office at Lagos. 2. An order to recover possession of the aforementioned land from the Incorporated Trustees of Faith Revival Ministries and all other persons who are in occupation of the said 4.861 Hectares of land or any portion thereof. 3.
