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 privies from disturbing, harassing, obstructing or trespassing on the Claimant’s use of the motor park/garage plus damages of N10,000,000.00 (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.
Held: (Dismissing the claims of the claimant)