A- Court affirms judgment against Deeper Life Church
The Court of Appeal sitting in has upheld the judgement of a
Lagos High Court which ordered Deeper Christian Life Ministry to pay N5 million
as damages for trespassing on a parcel of land belonging to the Celestial Church
of Christ, CCC.
Celestial Church of Christ had through its representative,
Joseph Ebhodaghe sued Deeper Life Church over the disputed land measuring
approximately 1055.864 squares situated at Mulero area of Agege, Lagos and
registered as No- 75 volume 2004T at the Lagos State land registry, Ikeja.
At the lower court, trial judge, Justice Samuel
Candide-Johnson, had in his judgement delivered on January 17, 2014 declared
the Celestial Church of Christ as the rightful owner of the disputed land and
awarded N5 million as damages against Deeper Life Church.
The court also granted a perpetual injunction restraining
Deeper Life Church, its agents or servants from further trespass on the
disputed land.
Dissatisfied with the verdict, Deeper Life Church through
its lawyer, Gabriel Akigbe appealed against same and urged the appellate court
to set the entire judgement aside on the grounds that the trial judge was
perverse having regards to the documentary and oral evidence placed before the
court.
But, in a unanimous decision, the appellate court comprising
of Justice Chinwe Iyizoba (presiding), Justice Yargata Nimpar and Justice
Abimbola Obaseki-Adejumo held that the appeal is unmeritous and dismissed same
accordingly.
In her lead judgment, Justice Abimbola Obaseki-Adejumo
resolved all the six issues in contention in favour of the respondent.
Justice Obaseki-Adejumo observed that both parties traced
their titles ownership to the Olalabi-Sulu family but held that the title
presented by the Celestial Church is superior to that of Deeper Life Church.
The court pointed out that the respondent (CCC) obtained its
title in 1973 as against that of Deeper Life Church which was obtained 1998.
The court held that “In resolving proof of title to land in
a case of competing interest , it is beyond doubt that later in time of the two
parties to obtain the grant maintain an action against the party who first
obtained a valid grant of the land from such a common grant.”
Justice Obaseki-Adejumo held that the trial judge rightly
interpreted the evidence led and applied the law when he held that the
respondent’s title is superior to that of the appellant.
The court held that the lower court judge judicially and
judiciously carried out its duty to evaluate the documentary evidence as well
as oral evidence presented before the court.
On the issue of N5 million damages, the court held “I am
unable to agree that damages awarded was excessive, having deprived the
respondent the use of the land from 1995 till judgment and erected structures
on the land. Coupled with consistent frustrating acts which are evident on the
record.”
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