Ayodele Ilori & Ors V. Alhaja Risikat Ishola & Anor (2018)

LAWGLOBAL HUB Lead Judgment Report

KUDIRAT MOTONMORI OLATOKUNBO KEKERE-EKUN, J.S.C.

The appellants herein, being the children of one Festus Olanipekun Ilori (deceased), sued one Alhaji Sule Raji before the High Court of Lagos State, Ikeja Judicial Division, vide their writ of summons and statement of claim filed on 9/11/92 for various declaratory and injunctive reliefs challenging the purported assignment of their late father’s property situate, lying and being at 12/14 Oludegun (formerly Olanipekun) Street, Isolo, Lagos, covered by certificate of occupancy No. 98 at page 98 in Volume 1981F of the Lands Registry at Lagos, to the said Sule Raji. The said Festus Olanipekun Ilori died intestate on 26th January, 1983.

According to the plaintiffs, before his death, he had constructed four buildings consisting of fourteen flats on the land. There was also an undeveloped portion of the land, which was being used as a car park. His intention was to live in one of the four flats with his family and let out the remaining three to tenants. However, he died before he could move in. When he died, his wives and children moved to Shagamu, Ogun

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State, where they stayed for about a year. Sometime late in 1983, on a visit to the property, it was discovered that there were tenants in occupation. Upon enquiry, it was discovered that they were let into possession by Sule Raji who was collecting rent from them as their landlord.

They discovered that sometime in April 1993, the said Sule Raji, through his Solicitor had applied to the Lands and Housing Department of Lagos State for the Governor’s consent to the assignment of the buildings to him by their late father. The Governor’s consent was granted “in principle” vide a letter dated 25th November, 1993 but purportedly endorsed on the deed of assignment on 4th November 1993. It was the appellants’ contention that it was Sule Raji and not their late father who applied for the Governor’s consent and to that extent, the Governor’s consent is null and void for offending the provisions of the Land Use Act, 1978 (hereinafter referred to as the Land Use Act). It was their contention that the signature on the deed of assignment purporting to be that of their late father is not his true, correct and usual signature. They also contended that the Governor’s

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consent was not obtained prior to the transaction as required by the Land Use Act. Another grievance was that purported Governor’s consent was obtained after Sule Raji had been served with the writ of summons, statement of claim and an application for injunction in this suit. Despite efforts to convince the tenants of the true ownership of the land and buildings thereon, they insisted that Sule Raji was the only person they recognised as their landlord. The appellants claimed that under Yoruba native law and custom, the deceaseds property devolved on his children after his death and that in the present case, the rent derived from the property was required for the maintenance and education of his children, who were minors when he died.

By their writ sf summons filed on 9/11/1992, they sought the following reliefs against Alhaji Sule Raji (the original defendant):

“1. A declaration that the buildings and landed property lying being and situate at No.12/14, Oludegun (formerly Olanipekun Street, Isolo, Lagos State) (hereinafter called “the said buildings”) forms part of the estate of late Festus Olanipekun Ilori.

2. A declaration that the

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plaintiffs are the only persons entitled under Yoruba Native Law and Custom to the entire estate of Festus Olanipekun Ilori comprising inter alia of Buildings and landed property situate at No.12/14, Oludegun Street, Isolo, Lagos State of Nigeria.

3. An order of this Honourable Court that the defendant shall give an account of all rents collected from tenants and/or the total amount of money collected by him for use and occupation of the said buildings and pay same to the Plaintiffs.
4. An order of perpetual injunction restraining the defendant from collecting further rents from the tenants and/or money for use and occupation of the said buildings from the occupiers.
5. An order of perpetual injunction restraining the defendant from dealing in any form whatsoever with the said building.”

Sule Raji, reacted by filing a Statement of Defence dated 7/4/93 to which the plaintiffs filed a Reply dated 17/6/93. Subsequently the Registrar of Lands was joined as 2nd defendant with the leave of the trial Court. The plaintiffs sought and were granted leave to file an Amended Statement of Claim to reflect the joinder. It was filed on 15/4/94. The

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