The Catholic Archdiocese of Lagos has challenged a judgment of the Lagos State High Court declaring the Lagos State Government the owner of a disputed property at No. 17/19 Okoya Street, Idumagbo, Lagos Island.
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The Archdiocese, through the Sole Trustee of the Catholic Archdiocese of Lagos, is asking the Court of Appeal, Lagos Division, to set aside the judgment delivered by Justice I. O. Kasali on January 10, 2018, and uphold its claim to the property.
In its proposed amended notice of appeal filed in Appeal No. CA/L/W/644/2019, arising from Suit No. LD/120/2000, the Church faulted the lower court’s decision, arguing that the Lagos State Government’s takeover of the management of St. Patrick’s Catholic Primary School did not automatically transfer ownership of the land to the government.
The Archdiocese contended that it acquired the entire property at No. 17/19 Okoya Street from the Lagos Executive Development Board through a conveyance dated September 15, 1938, registered as No. 27 at page 27 in Volume 483 at the Lands Registry, Alausa.
It argued that the title document constituted evidence of its ownership, adding that there was no proof that its proprietary interest in the disputed property had been lawfully acquired or revoked by the state government.
According to the Church, the property comprises a large tract of land covering Block 1, Plots 1, 2, 3, 16, 17 and 18, on which St. Patrick’s Catholic Church and the primary school are situated.
The appellant maintained that the government had claimed to have acquired the school, not the church premises or the entire property.
It further argued that the trial court failed to distinguish between the school premises and the Church’s other facilities, including a dilapidated structure that had previously served as a school building and church hall before a new school building was constructed.
The Church alleged that the old structure continued to be used as a church hall for Sunday services and other religious activities, insisting that the government had never used it after taking over the management of the school.
The Archdiocese faulted the trial judge for declaring the entire property government-owned and granting possession to the Lagos State Government without sufficient evidence establishing the precise boundaries and extent of the land allegedly acquired.
It argued that the government failed to produce the relevant acquisition instrument or establish the exact portion of the property covered by the purported acquisition.
The appellant also contended that the lower court wrongly relied on the parties’ alleged admission that the government took control and management of schools in 1979, under the administration of then Lagos State Governor Lateef Jakande, to conclude that the disputed property belonged to the state.
According to the Church, an admission that the government assumed control of a school does not, by itself, establish ownership of the land on which the school stands.
It maintained that the respondents failed to demonstrate that the takeover of St. Patrick’s Catholic Primary School included the abandoned building and other portions of the property claimed by the Archdiocese.
The Church further argued that the trial court failed to properly evaluate evidence allegedly given by government witnesses during cross-examination which, according to the appellant, supported its position that the government took over the school rather than the entire property.
It also faulted the lower court for dismissing its counterclaim despite what it described as documentary evidence of its title and longstanding exercise of ownership rights over the land.
In challenging the judgment, the Archdiocese cited several judicial authorities on proof of title to land, the requirements for granting declaratory reliefs and the need for a claimant to establish the precise identity and extent of disputed land.
The appellant also raised questions concerning the legal basis for the alleged acquisition, arguing that the state government failed to establish compliance with applicable laws governing the acquisition of private property, including the Land Use Act and Section 44 of the 1999 Constitution.
It further argued that the trial court ought to have considered the decision in Archbishop Okogie v. Attorney-General of Lagos State (1981) 2 NCLR 337, which it cited in support of its contention concerning the legal framework for the acquisition of private primary schools in Lagos State.
The Archdiocese is asking the Court of Appeal to allow its appeal and set aside the High Court judgment declaring the Lagos State Government the owner of the property.
It is also seeking an order dismissing the government’s counterclaim, setting aside the purported acquisition of St. Patrick’s Catholic Primary School premises at No. 17/19 Okoya Street, Idumagbo, and granting the Church’s counterclaim in its entirety.
The proposed amended notice of appeal contains 10 grounds challenging the trial court’s findings on ownership, the alleged acquisition, evaluation of evidence and dismissal of the Church’s counterclaim.
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