Bishop Joseph Alexander Synanx (Suing By His Attorney Rev.j.w. Brooks) V. The Right Rev. S. I. Kale-bishop Of Lagos, Rev F.o. Segun- Synodsecretary,chief A.o. Lawanson- Chancellor(As Trustees Of The Anglican Diocese Of Lagos) (1969)

LawGlobal-Hub Lead Judgment Report

MADARIKAN, J.S.C.

In the Lagos High Court, the plaintiff/appellant took out a writ of summons (Suit No. LD/101/66) against the defendants/ respondents claiming a “declaration of title in fee simple to and possession of the parcel of land situate lying and being at Oweh Street, Yaba.”

Pleadings were ordered and duly delivered. The principal averments in the statement of claim are contained in paragraphs 3 to 8 as follows:-

PAGE| 2 “3. By an indenture dated the 8th day of March, 1911 and made between Sanni Ogunlana of the one part and Lawani Giwa of the other part and registered as No. 59 at page 188 in Volume 72 in the Land Registry Lagos the hereditaments therein described were conveyed to the said Lawani Giwa in fee simple free from all incumberances.

4. The said sale was confirmed by a consent judgment of the Supreme Court of Nigeria dated 18th day of January, 1915.

5. The said Lawani Giwa died leaving him surviving 4 (four) children.

6. The plaintiff by an indenture dated the 3rd day of September, 1963 and registered as No. 63 at page 63 in volume 1213 of the Lands Registry Lagos became owner in fee simple of a piece or parcel of land measuring more or less 100ft x 100ft at Oweh Street, Igbobi Lagos as per plan filed with this statement of claim. The said conveyance was made by one Lawal Giwa now deceased.

7. On the said 3rd day of September, 1963, the three remaining chil-dren of the late Lawani Giwa joined in the conveyance by their brother Clement Lawal Giwa mentioned in paragraph 6 of the statement of claim to the said plaintiff. The said conveyance is registered as No. 62, at page 62 in Volume 1213 of the Lands Registry Lagos.

8. The said children by conveyances mentioned in paragraphs 6 & 7 of the statement of claim conveyed part of the said land to the plaintiff.” In answer thereto, the defendants in paragraphs 4, 5 and 6 of their amended statements of defence stated as follows:-  “4. With reference to paragraph 3 of the statement of claim the defend-ants will contend that although Sanni Ogunlana executed a deed of con-veyance dated the 3rd day of March, 1911 and registered as No. 59 at page 188 in Volume 72 in the Land Registry, Lagos in favour of the said Lawani Giwa, it was a void deed and was ineffective to convey any title to the said land to Lawani Giwa or anybody. 5. The defendants will contend that the said deed of conveyance had been pronounced void in the cases of:- 1. Chief Secretary to the Government Versus Equagoo & 8 others Suit No. 414/52 and in FSC. 67/1956

PAGE| 3 2. Ayodeji Oludipe vs. Beyioku & Another Suit No. 222/54 and FSC. 65/1956 and further contend that the said decisions create against the vendors to the plaintiff an estoppel per res judicata and consequently against the plaintiff himself. In support of this contention the defendants will rely on the proceedings and judgments in the said suits. 6. The defendants aver that Clement Alabi Lawal Giwa deceased, Alimotu Lawani Giwa, Salu Lawani Giwa and Sikiratu Lawani Giwa, were the children of the late Lawani Giwa, and they knew of the cases mentioned in paragraph 5 above and that some of them gave evidence in the said cases and that they are bound by the said judgments”.

By way of reply, the plaintiff joined issue with the defendants on their defence and pleaded, inter alia, as follows:- ‘The plaintiff will rely on the judgments in the following suits at the trial viz:- (a) Suit No. 105/1928 Sam Abijo v. Lawani Sogunro & anor. (b) Suit No. 28/48 David Okutade v. Dorcas Idowu. (c) Suit Nos. 296/47, 297/47, 300/47 and 27/48. (d) Suit No. x IK/115/63 Adamo Akinwunmi v. Oludipe.  (e) Suit No. WACA 75/1953.” After the plaintiff had given evidence at the trial some documents were admitted in evidence by consent and the plea of res judicata raised in the pleadings was considered in limine.

For a better understanding of the case, it is worthwhile to set out, in some detail, the facts before the court at that stage of the trial. The plaintiff’s root of title is a deed of conveyance (exhibit ‘K4’) dated the 8th of March, 1911, whereby Sanni Ogunlana, the eldest son of the late Aboki Bada, conveyed to Lawani Giwa two parcels of land portion of which is the land now in dispute.

After the death of Lawani Giwa, the eldest son sold and conveyed the land in dispute to the plaintiff by virtue of a deed of conveyance (exhibit ‘B’) dated the 3rd of September, 1963, and the sale was duly ratified by the other children of the late Lawani Giwa by a deed (exhibit ‘C’) bearing the same date and in which exhibit B was recited.

The plaintiff rested his case on these conveyances and on long possession by his predecessors in title.  The defendant’s case is that the land in dispute originally belonged to the Ojoma Eyisha family which sold and conveyed it to Emmanuel Abiona Akinsoji by virtue of a deed of conveyance dated the 7th of February, 1958, and it would appear that the defendants claim to have bought the land from Akinsoji by virtue of a deed of conveyance dated the 27th of August, 1958.