THE GOVERNOR OF LAGOS STATE vs. PASTOR ADEDAMOLA WEMIMO ODUNAIYA

CORAM

PARTIES

1. THE GOVERNOR OF LAGOS STATE

2.ATTORNEY-GENERAL, LAGOS STATE

3. THE REGISTRAR OF TITLES

APPELLANTS

1. PASTOR ADEDAMOLA WEMIMO ODUNAIYA

2. PRINCE ROTIMI AGUNSOYE

RESPONDENTS

AREA(S) OF LAW

APPEAL, CIVIL LAW AND PROCEDURE, CONSTITUTIONAL LAW, JUDGEMENT AND ORDERS, PRACTICE AND PROCEDURE.

SUMMARY OF FACTS

The 4th Respondent instituted an action at the trial High Court of Lagos State vide a Writ of Summons dated 14th of July, 2010, seeking inter alia a declaration that the Certificate of Occupancy dated the 27th May, 1989 registered as Number 36/36/1986F in the Lagos State Land Registry at Alausa was still subsisting. It was alleged that the right of occupancy in respect of Plot 9, Block 66, Magodo Residential Scheme II, Magodo, Lagos State was granted to the 1st Respondent vide a Certificate of Occupancy dated 27th May, 1986, with Registered No. 36/36/1986F. The said right of occupancy was subsequently revoked by the 1st Appellant. It is as a result of this revocation that the 1st Respondent instituted the present action at the trial Court.

Upon conclusion of trial, judgement was given in favour of the 1st Respondent to the effect that the purported revocation of the 1st Respondent’s Certificate of Occupancy is ineffectual, null and void. Dissatisfied with the decision of the trial Court, the Appellants filed a Notice of Appeal containing two grounds of appeal, dated and filed 14th March, 2014.

HELD

Appeal dismissed.

ISSUES

Whether the statutory right of occupancy held by the 1st Respondent with respect to Plot 9, Block 66, Magodo Residential Scheme had been validly and lawfully revoked by the 1st Appellant.

RATIONES DECIDENDI

ISSUES FOR DETERMINATION- DUTY OF COURT TO DETERMINE ISSUES AS JOINED BY PARTIES

“Generally, a court of law is only concerned with the lis before it. At the High Court, once pleadings are settled and issues have been joined by the parties, the court is mandated only to proceed to trial of the issues so joined guided by the relevant laws. Similarly, Appellate Courts have the bounden duty to proceed to determine the issues formulated from the ground of appeal before the court. See ABDULKAREEM v INCAR NIGERIA LIMITED (1984) LPELR – 25 SC; YUSUF v ADEGBOLA [2007] 11 NWLR (PT 1045) 332.” – Per OBASEKI-ADEJUMO ,J.C.A.