May 27, 2025
Legalpedia Citation: (2009-03) Legalpedia 32830 (CA) In the Court of Appeal LAGOS Fri Mar 6, 2009 Suit Number: CA/L/169/2009 CORAM PARTIES MOTOR TYRES SERVICES COMPANY LIMITED APPELLANTS […]
CORAM
PARTIES
MOTOR TYRES SERVICES COMPANY LIMITED
APPELLANTS
NASCO ESTATES COMPANY NIG. LTD & ORS
RESPONDENTS
AREA(S) OF LAW
APPEAL, LEASE
SUMMARY OF FACTS
SUMMARY OF FACTS
This appeal is a sister Appeal to appeal NO.CA/L/665/2008: Rev. Dr. (Mrs.) Nkechi Anayo-Ilupotaife & 2 others v. Nasco Estate Co. Ltd. & Another.
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 1st Respondent under certain terms and conditions on its usage. In October, 1981, the 1st 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 3rd Appellant under the certain conditions. The 1st Respondent alleged that in 1992, the 2nd-4th 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 1st Respondent beseeched the lower court, via a writ of summons seeking against the 2nd-4th Respondents and the Appellant, 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; 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 and an order of perpetual injunction restraining all members of the aforementioned Faith Revival Ministries otherwise known as “Victory Christian Centre” or Faith Revival Ministries World Outreach” from entering or re-entering the said land or any portion thereof without the consent of the Plaintiff.
In reaction, the 2nd-4th Respondents joined issue with the 1st Respondent and denied liability by filing a statement of defence. In their defence, they are averred that the 1st Respondent consented to the assignment of 1993 and that the land in dispute is not being used for religious purposes. Also, they raised the defence of laches, acquiescence, waiver and estoppel against the suit and counter claimed.
The Appellant filed a statement of defence wherein it asserted that the 1st Respondent was aware of the assignment and that the suit disclosed no reasonable cause of action. In a considered judgment, the lower court granted the 1st Respondent’s claim. Dissatisfied with the decision of the trial court, the Appellants filed an appeal praying this court for an order setting aside the judgment of the court below and an order reversing the judgment of the trial court and entering judgment in favour of the Appellants.
HELD
Appeal Allowed
ISSUES
ISSUE FOR DETERMINATION
Whether the learned trial Judge was right to have granted the 1st Respondent an order to recover possession of the land in dispute from the 4th Respondent and all other persons in occupation thereof, having regard to the 1st Respondent’s lack of locus standi to seek the aforesaid order in view of the Appellant’s valid and subsisting right to exclusive possession of the land in dispute by virtue of Exhibit 3”
RATIONES DECIDENDI
COURT
ACADEMIC ISSUES – ATTITUDE OF COURTS TO ACADEMIC ISSUES
“In the mind of the law, courts are not cloaked with the vires to entertain an academic issue/suit no matter the jurisprudential content of the law involved in it. In due obeisance to the law, I strike out issue two for being an incompetent academic issue”. PER O.F.OGBUINYA, J.C.A
CASES CITED
STATUTES REFERRED TO
CLICK HERE TO READ FULL JUDGMENT