Mrs. Lydia Omoware Thompson V Alhaji Jimoh Arowolo (2003)

LAWGLOBAL HUB Lead Judgment Report

A.O. EJIWUNMI, JSC 

The action that culminated in this appeal was commenced by the appellants when they took out a writ of summons against the respondent on the 10th day of June, 1983. Following the order that pleadings be filed, the parties duly filed and exchanged their pleadings. The appellants also filed with the leave of the trial Court an amended reply to the Statement of Defence filed by the respondent. The case was therefore heard on the issues as joined by the parties in their pleadings.

The appellants by their Statement of Claim pleaded thus at pages 4-6 of the Printed Record:-

1 The 1st plaintiff is the daughter of one Frederick Ephraim Williams who died testate at Palm Church Street, Lagos on the 12th day of November, 1918 and probate of his Will was granted to the two Executors and Trustees named in his Will.

The 2nd plaintiff is a private Limited Liability company incorporated under the Laws of Nigeria and having offices at No. 3 Tonode Street, Ikeja, Lagos State.

The defendant is the head and represents the Olarokun Family of Orile, Agege.

The said Frederick Ephraim Williams (deceased) owned tracts of farm lands along Iju Railway Station, Iju and this formed part of his Estate when he died in 1918.

Under and by virtue of the Supreme Court Order dated 11th day of March 1947 in Suit No. P21/1918. The Trustees of the said Frederick Ephraim Williams were released from administering the Estate and the task was transferred to the Public Trustee appointed for the purpose.

By an Order of Court dated the 29th day of May 1961 made in Suit No. M/18/61 (after protracted litigation between the Public Trustee and the beneficiaries of the Will of the said Frederick Ephraim Williams) the High Court at Lagos ordered that the property of Frederick Ephraim Williams (deceased) be apportioned or partitioned amongst the beneficiaries.

Pursuant to the said Order of the High Court and the ensuing apportionment made there under a piece of landed property knows as Plot No. 14 part of the estate of Frederick Ephraim Williams (deceased) situate at Iju Railway Station, Iju in the Ikeja Division of Lagos State was apportioned to the 1st plaintiff.

Under and by virtue of a Deed of assent dated the 5th day of July 1977 and registered as No. 85 at page 75 in volume 1638 of the Lands Registry in the office at Lagos the Public Trustee as the Legal Personal representative of Frederick Ephraim Williams (deceased) vested in the 1st plaintiff all that piece or parcel of farm land measuring approximately 12.85 acres (being the said plot No 14 in the estate of Frederick Ephraim Williams (deceased) situate lying and being at Iju Railway Station in the Ikeja Division of Lagos State in fee simple in possession free from all encumbrances.

The late Frederick Ephraim Williams was throughout his life in uninterrupted possession and ownership of the farmland of which the land the subject matter of this suit formed a part and so were the Trustees of his Estate including the Public Trustee appointed under the Order of Court.

By a purchase Receipt Agreement made on 22nd day of January, 1978 the 1st plaintiff transferred her interest in the said Plot No. 14 of the Estate of Frederick Ephraim Williams at Iju Railway Station, Iju to the 2nd plaintiff (Kosemani Enterprises Limited) in consideration of the sum of N44,000.00

The 2nd plaintiffs (sic) were thereupon immediately put in possession.