Mr. Emmanuel A. Adeniran V Mr. Emmanuel Alao (2001)

LAWGLOBAL HUB Lead Judgment Report

UWAIFO, J.S.C. 

This is an appeal from a judgment of the Court of Appeal, Lagos Division, given on 12th December, 1991 now reported as Adeniran v. Alao (1992) 2 NWLR (Pt.223) 350. It affirmed the judgment of the High Court of Lagos given on 12 December, 1986 which dismissed the plaintiff’s claim. In his claim, the plaintiff (now appellant) sought three reliefs against the defendants (now respondents) which I paraphrase as

(1) a declaration of title to a statutory right of occupancy to a parcel of land at Plot No. 53 Opebi Street, Onigbagbo village, Ikeja Lagos;

(2) N1,000.00 damages for trespass; and

(3) an order of perpetual injunction.

Having lost in the two courts below, the appellant has asked this court to consider his appeal on the following issues:

“(1) Whether under the facts and circumstances of this case where parties are agreed that no issue was joined on due execution of Exhibit 1, the learned justices of the Court of Appeal were right to have affirmed the decision of the trial court that the appellant ought to prove the due execution of Exhibit 1 and or failed to prove same.

(2) Whether the appellant established his claim of being entitled to the grant of statutory right of occupancy to the land in dispute, trespass and injunction as against the respondents.

(3) Whether under the facts and circumstances of this case, the Court of Appeal rightly held that the equitable defences of estoppel, laches and acquiescence availed the respondents.

(4) Whether the learned Justices of the Court of Appeal properly evaluated the evidence led in this case.

(5) Whether in view of the evidence led by the parties the land sold by Felix Olatunde Thomas (late) to the Durosimi-Etti DW4 is not different from the land in dispute in this case.”

Let me first state the facts of the case briefly. One Felix Olatunde Thomas owned a large tract of land at Agbole Onigbagbo in Onigbagbo Village, Ikeja District, Lagos. He inherited it from his mother, Mariam Ayodele Gooding. She herself had inherited the land from her father, James Gooding, being his only child. These facts were agreed by both parties. By an instrument dated 25 September, 1972 registered as No. 42 at page 42 in volume 1409 of the Lands Registry in the office at Lagos, the said Felix Olatunde Thomas conveyed a portion of his land to the appellant. The survey plan attached to the deed of conveyance shows that the vendor had laid out his land into ten plots, which he duly numbered 1 to 10. The portion conveyed to the appellant comprised two of the plots, numbered 3 and 4. The beacon Nos. are EB 164, EB 219, EB 225, and EB 226 for plot 3, while plot 4 bears EB 212, EB 213, EB 225 and EB 226. The two plots share a common boundary length-wise with beacon Nos. EB 225 and EB 226. The deed of conveyance was admitted as Exhibit 1. By an instrument dated 31st January, 1973 registered as No. 29 at page No. 29 in volume 1415, Felix Olatunde Thomas conveyed plot NO.2 to one Mr. Nasirudeen Akinola Durosimi-Etti. The beacon numbers are EB 160, EB 212 EB 224 and EB 225. Plot 2 shares common boundary with plot 4 breath-wise with beacon Nos. EB 212 and EB 225. The survey plan attached to the deed of conveyance, which was admitted as Exhibit 3 (Photostat copy) or 3A (original), clearly shows these facts.

The appellant retained his said parcel of land of two plots. Durosimi-Etti did not retain his. On 21st April, 1977 he conveyed his land to one Madam Hannah Meude and this was registered as No. 53 at page 53 in volume 1622. The deed of conveyance is Exhibit 4 (Photostat copy) or Exhibit 4A (original). On 30 November, 1978 Madam Hannah Meude conveyed to Iyabo Omobonike Adebiyi and the deed was registered as No. 22 at page 22 in volume 1764. It is Exhibit 5. The history of the transfer of that land by deed of conveyance terminated with exhibit 5. Then on 30 September, 1983, the 1st respondent, Mr. Emmanuel A. Alao issued a receipt in the sum of N80,000.00 to the 2nd respondent “being full purchase price of my plot of land known as No.9 on survey plan No J.O. 333/77 with pillar Nos BL 2951, BL 2952, BL 2972 and BL 2973 …..”

The receipt is Exhibit 7. It is the land for which Exhibit 7 was purportedly issued that is now alleged was plot 2. How the 1st respondent became the owner of the land, how the land became plot No.9, how the beacon numbers completely became different, how from some of the survey plans and composite plan relied on by the respondents, the land shifted physically from its location to another totally different and far away position, and how the land has become rather larger in size are now posers which have turned out to be real puzzlers, and must be dealt with along with other issues in this judgment.