Alhaji Surajudeen Kolawole Yinusa Davies V. Alhaja Wulemotu Ajibona (1994)

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UWAIFO, J.C.A. 

On 6 June, 1974 the plaintiff took out a writ of summons at the Lagos High Court against the defendant claiming the following reliefs:

“(1) Declaration of title in fee simple against the defendant to the piece or parcel of land, situate lying and being at Apesin Street, known as No. 27/29 Apesin Street, Idi-Araba, Surulere.

(2) Possession of the aforesaid piece or parcel of land.

(3) Injunction to restrain the Defendant, his heir/s, successor/s, his servants and/or assigns from further interfering with the plaintiff’s possessory rights as to the aforesaid land.”

The original plaintiff on record, Raliatu Ajibona, died and was substituted with Alhaja Wulemotu Ajibona. Similarly the original defendant, Alhaji Yinusa Davies, having died was substituted with Surajudeen Kolawole Yinusa Davies. On 24 April, 1990, A. B. Adeniji, J. gave judgment for the plaintiff.

In this appeal against that judgment, the defendant has in his brief of argument raised three issues for determination, namely:

“1. Was the defence based on Limitation Law not made out on the evidence and ought it not to have succeeded and the plaintiff’s claim to title barred and extinguished and her claims dismissed?

2. Ought the equitable defences of laches and acquiescence not to have succeeded and the reliefs claimed by the plaintiff refused and her claims dismissed?

3. Is the judgment not against the weight of evidence?”

The plaintiff in her respondent’s brief of argument set down five issues but I think they are a variant of the above-stated issues. I however reproduce them in view of some argument canvassed by learned counsel for the respondent:

“1. Was the Appellant an adverse possessor within Section 19 of the Limitation Law Cap. 70 Laws of Lagos State.

2. Was the adverse possession of the Appellant (which is denied) known to the Respondent.

3. When should time begin to run against the Respondent
(a) whether before 1970 or
(b) after 1970 when the Respondent found the Appellant on the land.