Wahabi Alao & Anor V. Oladejo Ajani & Ors. (1989)

LawGlobal-Hub Lead Judgment Report

AGBAJE, J.S.C.

The plaintiffs, Wahabi Alao & Anor., sued the defendants, Oladejo Ajani & Ors., in an Ibadan High Court. Since the Statement of Claim supercedes the writ of summons the plaintiffs’ claims against the defendants will be as contained in paragraph 24 of their amended Statement of Claim dated 22nd October. 1982. The claims read thus:-

“(a) Declaration that the alienation of Agbejobi family land at Oke-Ado market, upon which the building known as SW8/122, Annexe, Lagos Bye Pass, Ibadan situate, made as by the 1st and 2nd defendants to either or both of the 3rd and 4th defendants is void, or in the alternative voidable.

(b) Account by the 1st and 2nd defendants to the other members of Agbejobi family of Oke-Ado, Ibadan in respect of the monetary proceeds from the said alienation.”

It is common ground that the land referred to in the claim is Agbejobi family land. It is also common ground that Agbejobi family land of which the land in dispute forms a part has never been partitioned. It is equally common ground that the plaintiffs i.e. Wahabi Alao and Yesufu Ajadi and the 1st and 2nd defendants i.e. Oladejo Ajani and Sanusi Akande are all of the members of Agbejobi family.

It is undisputed too that the land in dispute was allotted to one Bello also a member of Agbejobi family and father of the 1st defendant. Bello, now dead, built a house on the land in his life time. After his death the 1st and 2nd defendants, most presumably his successors, demolished the house Bello built on the land and in its place erected or caused to be erected a building consisting of shops. The construction of the building was financed by the 3rd and 4th defendants i.e. Mrs. Obileye and Alhaji Raimi Odejobi.

The arrangement whereby the 3rd and 4th defendants were to finance the building of the shops on the land in dispute for the 1st and 2nd defendants was a subject of a written agreement dated 3rd May, 1972 entered into among them. In the agreement the 1st and 2nd defendants i.e. Oladejo Ajani and Sanusi Akande Bello were referred to as “OWNER” of the one part and the 3rd and 4th defendants i.e. Mrs. Arinola Olabisi Obileye and Raimi Odejobi as the builders of the other part. Relevant to the appeal in hand are the following provisions of the agreement which is Exh. E in these proceedings:-

“1. The said builder shall erect in a substantial manner the area marked shop both down and up stairs in Building Plan No. 37/15685 approved by the Ibadan Area Planning Authority on the 22nd day of February, 1971 as specified in the said plan.

3. The building shall be erected upon part of the owners building plot situate, lying and being at Odekodo, Agbejobi compound, Oke-Ado Ibadan, Western State of Nigeria and which is more particularly described and delineated on Plan No. L & L/A 3562 prepared by Laniyonu & Lawson Licensed Surveyors, of Ibadan Western State of Nigeria.
4. The builders shall solely finance the building up to a cost not exceeding (six Thousand Pounds (‘a36,000)). In consideration of the amount which the builders invest in the project, the owners hereby granted unto the said builders a leasehold in respect of the property aforementioned for 40 years at an annual rent of ‘a3150 (One hundred and fifty pounds) from the 1st day of January, 1972.
5. At the expiration of the period of the tenancy the Builders shall return to the Owners the said building and both their interest in the property, and this agreement shall come to an end forthwith.”

So the action instituted by the plaintiffs against the defendants is concerned with the transactions the subject-matter of the agreement Exh. E. In the trial court pleadings were ordered, filed and delivered.

As regards the plaintiffs amended Statement of Claim I need only make reference to paragraphs 15, 17, 18, 19 and 21 thereof:-

“15. Some years ago, the 1st and 2nd defendants leased a piece or parcel of the Agbejobi family land at Oke-Ado Market Area to either or both the 3rd and 4th defendants without the knowledge, consent, and approval of the other members of the Agbejobi family.

17. Either or both the 3rd and 4th defendants later erected a long storey-building let out as shops to tenants, and which is known as SW8/122 Annexe Agbejobi’s compound, Oke-Ado market area, Ibadan on the land so alienated to them by the 1st and 2nd defendants.
18. The said building SW8/122 Annexe is the one on Agbejobi family land nearest to the Lagos Bye-Pass main road at Oke-Ado market area, Ibadan.
19. When the building SW8/122 Annexe was being erected, the 1st and 2nd plaintiffs and some other members of the family thought that the building-was being put up by a member of the family i.e. the 1st defendant.
20. It was during the proceedings of the said Suit No. 1/43/77 Wabi Alao vs. Oladejo Ajani & 3 Others and particularly during the testimony of the 1st and 2nd defendants herein that the plaintiffs knew that the building known as SW8/122 Annexe, Oke-Ado Market, Ibadan being claimed by the 1st defendant as his personal building actually belong to strangers, i.e. either or both the 3rd and 4th defendants.”

There is an amended Statement of Defence dated and November, 1982 said to have been filed on behalf of the defendants, which gives the impression that all the defendants have filed a joint statement of defence. However, there is an amended statement of defence dated 24th November, 1982 said to have been filed on behalf of the 3rd defendant alone. This does not seem particularly described and delineated on Plan No. L & L/A 3562 prepared by Laniyonu & Lawson Licensed Surveyors, of Ibadan Western State of Nigeria.

4. The builders shall solely finance the building up to a cost not exceeding (six Thousand Pounds (‘a36,000)). In consideration of the amount which the builders invest in the project, the owners hereby granted unto the said builders a leasehold in respect of the property aforementioned for 40 years at an annual rent of ‘a3150 (One hundred and fifty pounds) from the 1st day of January, 1972.
5. At the expiration of the period of the tenancy the Builders shall return to the Owners the said building and both their interest in the property, and this agreement shall come to an end forthwith,”

So the action instituted by the plaintiffs against the defendants is concerned with the transactions the subject-matter of the agreement Exh. E.

In the trial court pleadings were ordered, filed and delivered.