IBADAN CITY COUNCIL & ANOR. AJANAKU

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NIGERIAN SUPREME COURT

CASES [1969] N.S.C.C.

A AN CITY COUNCIL & ANOR.

V. AJANAKU

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IBADAN CITY COUNCIL & ANOR.

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APPELLANTS

V

KADRUS AJANAKU

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RESPONDENT

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SUIT NO. SC 353/1966

SUPREME COURT OF

NIGERIA

ADEMOLA,

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C.J.N.

LEWIS,

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J.S.C.

MADARI KAN,

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J.S.C.

31st January, 1969.

Civil Practice and Procedure - Pleadings - Basis on which action fought in the

court of trial - New case on appeal - Whether permissible

Equity - Equity arising from conduct - Equitable estoppel - Protection by court

- Power of court to deten'nine in what way the equity could be satisfied

Remedies - Damages - Principles governing interference by appellate court.

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ISSUES:

1.

Whether in a case involving trespass and acquisition, the onus of proof is on

the party claiming that his land was trespassed on, or on the party claiming

compulsory acquisition.

2.

Whether an equitable interest is created in favour of a person who expends

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money on the land of another, in the expectation that he will be allowed to remain

on the land, such that the court would protect his occupation of the said land.

FACTS:

In the Ibadan High Court the Respondent sued the Appellants for trespass and

injunction.

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The 1st Appellants, a Local Government Body, contended in the Court below

that they had compulsorily acquired the Respondent's interest in the area which

the Respondent alleged that they trespassed upon. It was in evidence that the Re-

spondent had maintained a house on the land for many years upon the basis of a

document of Lease (Exhibit B) granted to him by the predecessors in title of the

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Ibadan City Council. On appeal to the Supreme Court, against the decision of the

High Court which was in favour of the Respondent, Counsel for the Appellants ar-

gued that the Lease was ineffective and void because it did not create a definite

term.

It was further contended that the damages awarded by the Lower Court were

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excessive.

HELD:

1.

Having regard to the pleadings, the onus was on the defendants to establish

that the first defendant had acquired the whole house from the plaintiff, and the

learned trial Judge was right in so holding.

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2.

Where a person expended money on the land of another in the expectation

induced or encouraged by the owner of the land that he would be allowed to

remain in occupation, an equity was created such that the Court would protect

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