Akin Adejumo & Ors V. Ajani Yusuf Ayantegbe (1989)

LawGlobal-Hub Lead Judgment Report

NNAEMEKA-AGU, J.S.C.

This is an appeal by the Defendants against the judgment of the Court of Appeal, Ibadan Division, which had set aside the judgment of Aboderin, J. sitting in an Ibadan High Court.

The claim before the High Court was as follows:

“1. Declaration that the purported sale and Conveyance of ALL THAT piece or parcel of land described in the Deed of Conveyance dated 24th August, 1973 and registered as No. 17 at page 17 in Volume 1524 of the Lands Registry in the Office at Ibadan forming part of the plaintiffs family land known as Ayanwemi Omosowon family land situate lying and being at Oke Ogbere Iwo Road, Ibadan originally belonging to Ayanwemi Omosowon (Deceased) is null and no effect as the said sale was improperly and wrongfully made by the 2nd and 3rd Defendants to the 1st Defendant without the knowledge and/or consent of the plaintiff and other principal members of Ayanwemi Omosowon Family.

2. An order setting aside the said Deed of Conveyance and expunging it from the Registrar of Deeds kept in the Lands Registry at Ibadan.
3. Injunction restraining the 1st Defendant, his servants and/or agents from further entering the said piece or parcel of land or in any way dealing or interfering therewith. The rental value of the land is N1 ,000.00.

Dated at Ibadan this 27th day of March, 1981.”

Evidence called at the trial shows that the 2nd and 3rd Defendants who are both members of Bilewu section of the family joined with Madam Asimowu Ayankunle, also of Bilewu section to sell and convey the land in dispute to the 1st Defendant. It is this sale that the plaintiff, from Ato Section, has sued to set aside.

The learned trial Judge, after pleadings, hearing of evidence and addresses of counsel made a number of important findings of facts, some of which I consider important for the determination of the real issues in controversy in this appeal. They are:

(i) That the land (hereinafter called the land in dispute) which is comprised in the deed of conveyance, Exh. 1, is the communal property of Ayanwemi Omosowon Family (hereinafter to be referred to simply as Omosowon Family) to which the plaintiff and the 2nd and 3rd Defendants belong,

(ii) That the Omosowon Family is made up of two sections, the Ato (from the senior wife) and the Bilewu (from the junior wife).

(iii) That the plaintiff belongs to Ato Section and is a principal member of the Omosowon Family;

(iv) That at the time of the sale and conveyance of the land in dispute, which is being challenged in this suit, one Madam Asimowu Ayankunle of Bilewu section was the head of Omosowon Family;

(v) That Madam Asimowu Ayankunle joined two other members of Asimowon Family, but all of Bilewu section to execute the deed of conveyance, Exh. 1, without the concurrence of any person from Ato Section.

Based on the above findings of facts, the learned trial Judge held that the sale transaction was viodable.

Then he proceeded to consider whether it should, in fact, be set aside. In coming to the conclusion that it should not be set aside, he relied on a number of reasons. Those reasons are: