Aina Osanyanbi & Ors V. Okeowo Lasisi & Ors (2019)

LAWGLOBAL HUB Lead Judgment Report

OLABODE RHODES-VIVOUR, J.S.C.

The plaintiffs’, now Respondents sued the Defendants’, now Appellants’ before a Lagos High Court on a Writ of Summons filed on 4 October 1985 claiming:

1. The forfeiture of the Defendants tenancy in the piece or parcel of land situate lying and being at Magbon, Oreile-Agege in the Lagos State on the ground of misconduct by the defendants’ in that the defendants are challenging the title of the Plaintiffs’ (their landlords to the said piece or parcels of land).
2. Possession of the said piece or parcel of land situate lying and being at Magbon Orile Agege as shown on Plan No. AL 48/1971 dated 17 September, 1971 drawn by S.A. Alaka, Licensed Surveyor.

3.Arrears of rent from 1959 to 1984 at the rate of N1.00 (one Naira equivalent of 10/-(Ten Shillings) per annum then totaling N25.00 (twenty-five naira) Nigeria currency. Annual Rental Value: N10.00

The Defendants counter-claim against the plaintiffs’ for:

1. A Declaration that the defendants’/counter-claimants’ are entitled to the statutory Rights of Occupancy in respect of the land in dispute

1

as confirmed by several plans including Plan No. CD.36/71 dated 28 March, 1968 and drawn by Oku Daodu, Licensed Surveyor.

2.A perpetual Injunction restraining the plaintiffs’ and their agents from committing any acts of trespass or further act of trespass on the land in dispute or any part of the Osanyanbi family land.

3. An Order dismissing the case of the plaintiffs’ in its entirety with substantial cost to be awarded in favour of the defendants’ counter-claimants’.

The plaintiffs’ called four witnesses in proof of their case while the defendants’ called three witnesses. Eleven documents were admitted as exhibits.

In a considered judgment delivered on 19 December 1996, Phillips J (as she then was) of a Lagos High Court entered judgment for the plaintiffs’ in these words:

“I hereby grant the plaintiffs possession of all that piece or parcel of land situate, lying and being at Magbon, Orile-Agege as shown edged Red in Exhibit P.10 tendered and admitted in evidence during the trial of this suit.

I also award the plaintiffs’ arrears, of rent to be paid by the defendants from 1959 1984 at the rate of N1.00 a year.

<br< p=””

</br<

2