The Court of Appeal, Lagos Division has nullified the Certificate of Occupancy (C of O) given by the Federal Government to Sunnyvale Nigeria Limited in respect of a parcel of land situated at Plot 25, Block 6, Ikoyi Foreshore, Lagos.
The appellate court, in a lead judgment by Justice Ugochukwu Ogakwu, on March 6, 2019, restrained Sunnyvale Nigeria Limited, its servants, agents and privies from “entering, crossing or continuing to enter or cross the land known as Block 6, Plot 25, Federal Government Layout, Ikoyi Foreshore, which falls within and is part of the 1st appellant’s land and or any part of the 1st appellant’s land.”
“The C of O purportedly issued to the 3rd respondent (Sunnyvale Nigeria Limited) is hereby nullified,” the judge held.
Justice Ogakwu gave the judgment in favour of County & City Bricks Development Company Limited and Layi Ajayi Bembe.
Justices Joseph Ikyegh and Ebiowei Tobi, who were on the panel with Justice Ogakwu, consented to the lead judgement.
The appellate court held, “The appellants, having established their legal rights over the disputed land, are entitled to have their interest protected by the grant of an injunction.
“In summation, from the totality of the foregoing, this appeal is immensely meritorious and it accordingly succeeds.
“The judgement of the lower court is hereby set aside and in its stead, the reliefs of the respondent are hereby dismissed and judgement is entered in favour of the appellants on their counter-claim.
The court awarded N1m against Sunnyvale Nigeria Ltd, “as general damages for trespass.”