Mr. Toyin Bajela Oko-osi V. Mrs. R. I. Akindele (2013)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

IBRAHIM MOHAMMED MUSA SAULAWA, J.C.A.(Delivering the Leading Judgment)

Most regrettably, the instant appeal belongs to the league of the old appeals that ought to have been disposed-off long ago. Having been entered in 1996, the appeal has had an unwarranted chequered history. The appeal is a fall-out of the ruling of the High Court of Lagos State, Ikeja Judicial Division, which was delivered on July 2, 1993 by the Hon. Justice I. A. Olorunnimbe in Suit No. ID/1337/93.

BACKGROUND FACTS: –

The genesis of the appeal could be traced to June 6, 1993. That was the day on which the Suit in question was filed in the lower court, vide a writ of summons and a statement of claim. By the statement of claim thereof, the Plaintiffs claim jointly and severally against the Defendants various declaratory and injunctive reliefs as follows: –

(i) A declaration that the property consisting of ONE GARRAGE situate, lying and being at No. 2, Onilekere Street, Off Cement Bus Stop, Abeokuta Expressway, Agege Lagos State herein referred to simply as “the garage” belongs jointly to ALL the Four (4) Branches of Late Momodu Moshesha namely:-

Disu Descendants (Branch)

Sabalemotu Descendants (Branch)

Abu Bakare Descendants (Branch)

Rabiatu Alake Descendants (Branch)

(ii) A declaration that the 1st Plaintiff as the Representative of Abu Bakare Descendants and the 2nd Plaintiff as the Representative of Sabalemotu Descendants are jointly entitled to HALF of the entire interest on the said garage.

(iii) A declaration that the absolute occupation, usage, letting and dealing in the said garage by the Defendants without reference to the Plaintiff is irregular, unauthorized and all transactions relating thereto are irregular, invalid, null and void and of no effect whatsoever and an order setting aside all the said transactions.

(iv) An order for a true and fair account of all the rents and profits realized from the said garage since January, 1980 to the date of judgment and payment of HALF of the total rents collected to the Plaintiffs as their just entitlements in respect of the said garage.

(v) An order that the garage which sits on a property measuring about one and Half (1’bd) Plots be PARTITIONED or shared into two equal halves with One Half to the Plaintiffs and the other half of the Defendants.

(vi) An order of perpetual injunction restraining the Defendants whether by themselves, their servants, agents and/or privies from letting, leasing or collecting rents or dealing in any manner whatsoever with the property consisting of ONE GARRAGE situate, lying and being at No. 2, Onilekere Street, Off Cement Bus Stop, Abeokuta Expressway, Agege Lagos State.