ALHAJA RISIKAT ALADE V CHRISTIANA ADEJUMOKE SOFOLARIN & ANOR

CORAM

SIDI DAUDA BAGE JUSTICE COURT OF APPEAL

PARTIES

ALHAJA RISIKAT ALADE APPELLANTS

1. CHRISTIANA ADEJUMOKE SOFOLARIN2. JOSEPHINE ADESOLA, SOBOGUN3. SQ. LDR WINIFRED T. OKAGBARE (RTD)4. MS. STELLA OLAIDE SHONDE5. MRS. MARGARET MODUPE SOREMEKUN6. MRS. COMFORT ABIMBOLA SOREMEKUN7. MRS. DEBORAH JACOB8. MRS. OLASUNBO OSHIYEMI9. MR. OLUBUKUNOLA O. SOREMEKUN10. MRS. KOFOWOROLA JINADU11. MISS. OLUBUNMI SOREMEKUN RESPONDENTS

AREA(S) OF LAW

SUMMARY OF FACTS

The Plaintiffs/Respondents at the High Court of Lagos State sought for a declarative order of the court; that they be declared tenants of Alhaja Ashimowu Adepeju and administrators in respect of a piece of land situate at Ishaga Ajibode Aga Village, Iju Agege Lagos State, they also sought for a perpetual injunction restraining the Defendant/Appellant from further acts of trespass and special damages. The Plaintiffs/Respondents alleged that their father got into the land in dispute through a lease granted him by the said Alhaja Ashimowu Adepeju in 1973 while the Defendant/Appellant on the other hand claimed to have bought the land from the same person in 1985. The trial Court found in favour of the Plaintiffs/Respondents. Dissatisfied with the decision of the trial Court, the Defendant/Appellant has appealed to this Court.

HELD

Appeal Allowed

ISSUES

Whether the learned trial Judge evaluated at all the evidence led by the parties at the trial and made correct findings of facts on the evidence led before him.Whether if the answer to the above is in the affirmative the learned trial Judge in entering judgment in favour of the Respondents herein was right to have relied on Exhibit L an unregistered lease agreement dated 26th of July, 1973 as creating an interest of 99 years in the land in dispute in favour of the Respondent’s father.Whether having regard to Exhibit K, the Deed of Lease dated 7th May, 1976 and registered as No. 53 at page 53 in Volume 1554 of the Lands Registry, Ikeja, Lagos, the Respondents as persons with limited interest in the land in dispute are entitled to an order of perpetual injunction.Whether the Learned trial Judge was right to have awarded the sum of N150, 000.00 (One Hundred and Fifty Thousand Naira) as general damages against the Appellant

RATIONES DECIDENDI

EVALUATION OF EVIDENCE – DUTY ON THE TRIAL COURT TO EVALUATE EVIDENCE BEFORE MAKING FINDINGS OF FACT

“It is settled that it is the duty of the trial Judge to evaluate evidence presented during trial before making its primary findings of fact. Unless the trial Judge fails in this duty, an appellate cannot interfere, see ARE V IPAYE (1990) 3 SC (Pt 11) 109.” PER Y. B. NIMPAR JCA

ELEMENTS OF A JUDGMENT – TRADITIONAL ELEMENTS OF A JUDGMENT

“There are traditional elements of a judgment, these are identification of issues, evaluation of evidence, make clear findings of fact, apply the law and arrive at definite conclusion, see MBAWI V BOSI (2006) 11 NWLR (Pt 991) 400.” An appellate court therefore will not interfere when those elements have been complied with and exist on record. PER Y. B. NIMPAR JCA

PERPETUAL INJUNCTION – NATURE OF A PERPETUAL INJUNCTION – PERPETUAL INJUNCTION FLOWS FROM A DECLARATORY ORDER

“Being a final consequential order, which naturally flows from a declaratory order made by the court, a perpetual injunction also obviates the necessity of multiplicity of suits and it is therefore improper to grant a perpetual injunction at the instance of a limited owner of the absolute interest.” PER Y. B. NIMPAR JCA

PLEADINGS – A PARTY CANNOT GO OUTSIDE ITS PLEADINGS

“A party cannot be allowed to go out of its pleadings to set up a different case from that which is presented by the pleadings.” PER Y. B. NIMPAR JCA