National Bank Of Nigeria & Anor V. Lady Ayodele Alakija & Anor (1978)

LawGlobal-Hub Lead Judgment Report

KAYODE ESO, J.S.C.

The plaintiffs, in Suit No. M/146/72, took out an originating summons in the High Court of Lagos, against the defendants, as follows-

“LET the defendants within 8 days after service of this summons on each of them, inclusive of the day of service cause an appearance to be entered to this summons, which is issued on the application of the plaintiffs, Lady Ayodele Alakija and Mrs. Olakunle Ojo 26, Moloney Street, Lagos.”

By this summons the plaintiffs seek the determination of the court on the following questions, namely:-

“1.   Whether the lease dated 30th April, 1955 between the 1st plaintiff of the one part and the 1st defendant of the other part is valid.
2.     If the answer to the first question is in the affirmative, whether the lease aforesaid conferred on the 1st defendant as from the date of commencement thereof the entire estate in the term of years intended to be created thereby or only one half share (being the share of the 1st plaintiff) in the said term of years.

3.     In the light of the answers to the above questions have the 2nd defendant any estate or interest in the property comprised in the lease aforesaid

4.     If the answer to the third question is in the affirmative, what is the estate or interest owned by the said 2nd defendant.”

The first plaintiff swore to an affidavit in respect of the originating summons. She deposed as follows:-

“1.   That I am the Applicant in the above matter and as such I am familiar with the facts to which I now swear.

2.     That the property now known as No. 21, Yakubu Gowon Street, which I refer to hereafter as ‘the said property” belonged absolutely in fee simple to my father the late James George during his life time and was formerly known as 21, Broad Street, Lagos.

3.     That the said James George died on the 20th day of May, 1945 and probate of his last will was granted to the late Sir Adeyemo Alakija and myself.

4.     That the documents attached herewith and marked Exhibits A and A1 are true copies of the said Probate and will.

5.     That Clause 4 of the aforesaid will provides as follows:-

“I give to my trustees (Adeyemo Alakija and Ayodele Alakija) my storey house situate at No. 21 Broad Street, (now Yakubu Gowon Street) upon trust for the separate use and benefit of Ayodele Alakija and Olakunle (now Mrs. Olakunle Ojo) and my child or children hereafter if female or females as tenants in common failing my said child or children upon further trust for Ayo Alakija and Olakunle as tenants in common.”