ALHAJI ISIYAKU YAKUBU ENTERPRISES LTD & 2 ORS V. HON. COMMISSIONER & 4 ORS

OLABODE ABIMBOLA ADEGBEHINGBE, J.C.A. (Delivering the Leading Judgment):

Facts

The grouse of the 1st-3rd Appellants (as 1st-3rd Plaintiffs) derived from the fact that the Respondents’ agents came unto the landed property of the 1st and 2nd Appellants, where the 3rd Appellant is the 2nd Appellant’s tenant, whereat, the agents of the Respondents marked some structures thereon with red ink. The simple case of the Appellants is narrated in paragraphs 5-13 of the Amended Statement of Claim, as follows:

5. “The 1st Plaintiff avers that it is the owner of the property covered by Certificate of Occupancy No. Gs No. 146. The photocopy of the certificate and deed of assignment (originals of which are at the Supreme Court) are hereby pleaded and shall be relied upon.

6. The 2nd Plaintiff avers that he is the owner of the property covered by Certificate of Occupancy No Gs No. 147. The photocopy of the certificate (original of which is at the First Bank of Nigeria PIc) is hereby pleaded and shall be relied …