₦300
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Facts:
The claimant is a transporter and operator of a motor park/garage at No. 436,
Ikorodu Road, Ojota, Lagos State. The claimant alleged that his company Yushina
Investment Nig. Ltd is a sub-lessee of one Mr Idenu in respect of the motor park,
and that he came into possession of the property in 2005. The claimant alleged
that the 1st defendant was his employee engaged to load vehicles at the motor
park. The claimant further alleged that he terminated the employment of the 1st
defendant due to his unruly behaviour but that in 2014 the 1st defendant in
conjunction with the 2nd defendant forcefully took over the park from him and
prevented him from using the garage and collecting revenue due to him.
Consequently, the claimant filed a suit against the defendants at the High Court
of Lagos seeking several reliefs. The claimant sought declarations that he is the
rightful sub-lessee of the garage and motor park and that the defendants were
trespassers on the said garage. The claimant also sought the orders of the court
to grant him exclusive possession of the motor park and a perpetual injunction
restraining the Defendants, by themselves, their agents, and priviesfrom disturbing,
harassing, obstructing or trespassing on the Claimant’s use of the motor park/
garage plus damages ofN10,000,000.00 (Ten Million Naira) for trespass.
The 1st defendant filed his defence denying the claims of the claimant. He stated
that he had been using the garage for his haulage and transport business long
before the claimant and that in 2004, he approached the National Union of Road
Transport Workers who granted him the permit to run the garage and that he was
subsequently granted a lease by Mr Idenu. He further stated that it was after the
permit was granted to him that he invited the claimant to partner with him to run
the garage business.