Chief (Mrs.) Oluremi Akinlade Odelola V. Olanilokun Odelola & Ors (2016)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

JAMILU YAMMAMA TUKUR, J.C.A. (Delivering the Leading Judgment)

This is an appeal against the judgment of the High Court of Lagos State in SUIT NO: ID/171/2003 delivered by S. B. A. Candide-Johnson J. on the 14th December, 2010 in favor of the 3rd Respondent. The background facts leading to this Appeal as narrated by the parties are as follows:-

The Appellant and 1st Respondent were married at the material time, and it is the case of the Appellant that the disputed property situate at 5th Avenue, “B” Close, House 6, Festival Town was won by the 1st Respondent at a ballot conducted by the 2nd Respondent in 1977 with financial assistance from the Appellant. According to the Appellant, she pursued the issuance of Deed of Lease and effected repairs and renovation of the disputed property with her money before the 1st Respondent made payment for the property in 1999.

That on 31st October, 2003 upon her return from overseas to attend the wedding of their daughter, she was confronted with a letter from the 1st Respondent which suggested that the 1st Respondent had sold their matrimonial home. The 3rd Respondent (3rd Defendant) however

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narrated that the 1st Respondent alone purchased the form toward the allotment of the property from the 2nd Defendant to him. That he bought the property from the 1st Respondent who wanted to offset a loan allegedly owed by the Appellant with the Abbey Building Society. The Appellant thus, as Claimant filed this action via Writ of Summons dated 10th November 2003 against the 1st and 2nd Respondents. In her Further Amended Statement of Claim dated 17th April, 2009 the Appellant claimed as follows:

1. Declaration that the property known and situate at 5th Avenue, “B” Close, House 6, Festival Town (now Festac Town) Lagos is a matrimonial property belonging to the Claimant and the 1st Defendant jointly with their children.
2. Declaration that the purported sale of the property known and situate at 5th Avenue, “B” Close, House 6, Festival Town (now Festac Town) Lagos is illegal, null, void and of no effect.
3. Perpetual injunction restraining the 2nd Respondent from transferring the ownership of the property known and situate at 5th Avenue, “B” Close, House 6, Festival Town (now Festac Town) Lagos to the 3rd Defendant in any form howsoever and

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whatsoever at all.

4. An injunction restraining the Defendant by their agents, servants or privies from interfering with the Claimant’s possession of the property known and situate at 5th Avenue, “B” Close, House 6, Festival Town (now Festac Town) Lagos and/or from forcibly ejecting the Claimant therefrom.

The 1st Respondent filed a Statement of Defence dated 12th December 2003 and the 3rd Respondent (as 3rd Defendant) after being joined as a party by an order of Court, filed an Amended Statement of Defence and Counter-Claim dated 24th March, 2009 and made the following claims:

1. Possession of the property at 5th Avenue, B Close, House 6, Festival Town (now Festac Town) Lagos State.
2. The sum of N100,000.00 per month for the use and occupation of the premises from the 1st day of January 2004 until possession is given up.

At the conclusion of trial, the learned trial Judge gave judgment in favour of the 3rd Respondent by ordering that the 1st Defendant as well as the Claimant/Defendant to counter-claim, to deliver possession of the property situate at House 6, B Close, 5th Avenue, Festac Town, Lagos State. The trial Court also ordered

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the 1st Defendant as well as the Claimant/Defendant to the Counter-Claim to pay to the 3rd Respondent damages for unlawful use and occupation of the said property the sum of N1.2 million or N100,000 per month from 1st January 2004 until possession is given up. The Appellant’s claims were dismissed.

Dissatisfied, the Appellant appealed to this Court via a Notice of Appeal dated 10th January, 2011 with Four Grounds of Appeal.

The Appellant’s Brief settled by S. O. Agiode, Esq. of S. O. Agiode & Co. is dated 3rd February, 2014 and filed same date but deemed as properly filed on the 5th March, 2015. Counsel for the Appellant raised the following issues for determination: