Alhaji I.A Onibudo & Ors V. Alhaji A.w Akibu & Ors (1982)

LawGlobal-Hub Lead Judgment Report

N. ANIAGOLU, J.S.C.

This appeal was brought by the plaintiffs against the judgment of the Federal Court of Appeal dismissing their claim and setting aside the earlier judgment of the High Court of Lagos, in their favour, granting them a declaration of title to the land they claimed and the Mosque thereon, and possession of the said land and Mosque.

The claim was instituted in the Lagos High Court, for themselves and on behalf of the SUNMONU ONIBUDO family by ADEWUYI ONIBUDO; ALHAJI ABDUL KAREEM SHITTA, and ALHAJI GANIYU SARUMI. Although they got judgment in the High Court for a Declaration of title and Possession only, their claim included two further heads for an Account and for an Injunction both of which were dismissed. The full particulars of the claim as endorsed on the Writ of Summons were as follows:

“The plaintiffs (sic) claim against the Defendants jointly and severally are for:

(1) A declaration that SUNMONU ONIBUDO FAMILY is the owner of the parcel or piece of land situate, lying and being at 1, Onibudo Street, Lagos with the Mosque thereon.

(ii) Possession of the said land with the Mosque thereon.

(iii) An account of all monies collected by the Defendants and payment over to the Plaintiffs as the accredited representatives of the SUNOMONU ONIBUDO FAMILY.

(iv) An injunction to restrain the Defendants, their servants, agents and privies from collecting monies from the occupiers tenants and worshippers of the said land and Mosque.

Annual Rental value – =N=100.00

DATED at Lagos this 9th day of January, 1976.

(Sgd.) ALAHAJI ISOLA A. OLORUNNIMBE,

Plaintiffs’ Solicitor,

20 Ereko Street,

Lagos State.”