Deeper Life to pay Celestial Church N5m for trespass
The
Court of Appeal, Lagos Division has upheld a Lagos High Court judgment ordering
the Registered Trustees of Deeper Christian Life Ministry (DCLM) to pay N5
million as damages for trespass on land owned by the Celestial Church of Christ
(CCC).
CCC had, through its representative, Joseph Ebhodaghe, sued
DCLM over a disputed land measuring approximately 1055.864 square meters,
situated at Mulero area of Agege and registered as No. 75 Volume 2004T at the
Lagos State Land Registry, Ikeja.
At the High Court, Justice Candide-Johnson in a judgment
delivered on January 17, 2014, declared Celestial Church as the rightful owner
of the disputed land and awarded N5m as damages against Deeper Life.
The court also granted a perpetual injunction restraining
DCLM, its agents or servants from further trespass on the disputed land.
Dissatisfied, DCLM, through its lawyer, Gabriel Akigbe,
appealed against the judgment and urged the court to set it aside on the
grounds that the trial judge was in error with regard to the documentary and
oral evidence placed before the court.
But,
in a unanimous decision, the appellate court comprising Justice Chinwe Iyizoba
(presiding), Justice Yargata Nimpar and Justice Abimbola Obaseki-Adejumo held
that the appeal was unmeritorious and dismissed same accordingly.
In her lead judgment, Justice Abimbola Obaseki-Adejumo
resolved all the six issues in contention in favour of the respondent.
Her Lordship observed that both parties traced their title
ownership to the Olalabi-Sulu family.
The Nation
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