Pastor Akin Olatunji V. Mr.oluwole Akingbasote & Ors (2015)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

JAMES SHEHU ABIRIYI, J.C.A.(Delivering the Leading Judgment)

This is an appeal against the judgment of the Ondo State High Court sitting at Akure. Both parties are brothers who are not agreed as to who is the head of the family after the death of their father and the mode of distribution of the property of their late father.

The Respondents were the Plaintiffs at the Lower Court. The Appellant was the defendant. The claim of the Respondents at the Lower Court was for the following:

(a) A declaration that all the properties of Late MR. RUFUS OLATUNJI AKINGBASOTE (Deceased) comprising of both corporeal and incorporeal hereditaments viz:-

The deceased houses at No. 2, Eruoba Titun Street, Akure, No. 34, Danjuma Road, Akure, undeveloped land of about 6.12 Hectares situate at ASIWO Comp, Akure – Owo express Road, Akure and all his shares in the Nigeria Bottling Co.; Intercontinental Bank Plc.; Access Bank Plc; Union Bank Plc. And Tropical Petroleum Product Ltd.; are the joint properties inherited under the Idanre native law and custom by all the children of the said deceased who died intestate on the 14th day of July, 2005.

(b) A declaration that the defendant has no right to sell, alienate, lease, mortgage, transfer, pledge or assign any of the aforementioned properties without the consent of all the plaintiffs.

(c) A declaration that all the original title deeds of all the aforementioned properties which are now in possession and custody of the defendant be surrendered and handed over forthwith to the plaintiffs’ family for the safe keep with the WMA Bank Plc., Akure which is the Banker’s of the plaintiffs’ family.

(d) An order of the Honourable Court that the defendant should render account of the proceeds of sales of the uncompleted building of the said Late Ar. Rufus Olatunji Akingbasote situate at Oba – Ile Akure which was sold by the defendant without the consent and knowledge of the plaintiffs sometimes in 2006 the proceeds of which was not paid into the plaintiffs’ said family Bank Account by the defendant till date.

(e) An order of the Honourable Court that the defendant should render account of the sum of N200,000.00 (Two Hundred Thousand Naira only) collected by him at No. 34, Danjuma Street, Akure from Mr. Ogunfunmiloye sometime in July, 2008 who is one of the tenant of the plaintiffs’ family, the said sum of which was never paid into the said plaintiffs’ family Bank Account by the defendant till date.

(f) An order of the Honourable Court dividing all the aforementioned properties of the said deceased into four equal parts in accordance with the ‘Idi Igi’ mode of succession to all the children of the said deceased.

(g) An order of perpetual injunction restraining the defendant his agents, assigns or any other person or persons acting through or under him from any act of control, management, supervision and/or having anything to do with all the aforementioned properties of the said deceased forthwith.”

According to the 2nd Respondent (Pw2), after the burial of their father, they had a meeting in the presence of their uncle (Pw3) and agreed that house rent for one of the houses be paid into a bank account.

The Appellant who is the eldest child went to the house in which title deeds were kept and broke open the cabinet and took the title deeds away.

About two years later the Appellant went to Akure to sell the house at Eru-Oba.