Chief (Prince) R. A. Olusi V. Alhaji Saidi Bishi & Ors (2016)

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ABIMBOLA OSARUGUE OBASEKI-ADEJUMO, J.C.A. 

This is appeal against the judgment of IPAYE J, sitting at the Ikeja Judicial Division of the High Court of Lagos State, delivered on 17th December, 2013.

By a writ of Summons dated 20th August, 2010, the Respondents/claimants claimed the following reliefs:
(1) “A DECLARATION that the claimants are the bona-fide owners of the property now municipally described as No. 3 Idiomo Street/No. 4, Egbe Street, Isale-Eko in the Lagos State of Nigeria by virtue of the Deed of Conveyance dated the 3rd day of June, 1898 registered as No. 7 at page 13 in Volume 33 in the Register of Deeds kept in the Lagos State Lands Registry, Lagos.
(2) AN ORDER OF PERPETUAL INJUNCTION restraining the Defendant whether by himself, servants, agents or privies from meddling or seeking to interfere in the property known as No. 3 Idiomo Street/No 4, Egbe Street, Isale-Eko in Lagos State Nigeria particularly the shop thereon abutting Egbe Street, Isale-Eko.
?(3)The sum of N500, 000.00 (Five Hundred Thousand Naira) being general damages for trespass committed on the property by the defendant.

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The Respondent instituted this action in a representative capacity but only the 1st claimant gave evidence during the trial and judgment was delivered in favour of the Respondents.

The Appellant being dissatisfied with the judgment of the lower Court appealed to this Court vide a Notice of Appeal dated 24th February, 2014 and filed on 25th February, 2014.

The Appellant formulated four (4) issues for determination as follows:
(a) “Whether the Learned trial Judge was correct in holding that the Respondents have traced their root of title to the purchase made by their grandfather and that they have gone further to trace and establish the title of their grandfather?s vendor.
(b) Whether the Learned trial Judge was correct in holding the identity of the land in dispute was admitted by the Appellant.
(c) Whether the Learned trial Judge was correct on the true position of the application of the doctrine of Estoppel per rem judicatam as regards the decision of the Registrar of titles Exhibit ?11?.
(d) Whether the Learned trial Judge was correct in holding that the Respondents have established a better title to the

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subject property and are thus entitled to the judgment of the Court.”

The Appellant brief was settled by Alaba Okupe M. A. of Okupe & Co. and same was dated 7th, July, 2014 and filed on 8th August, 2014 but deemed 22nd day of June, 2015.

The Respondent’s brief though filed on 19th January, 2016 was deemed to be properly filed on 8th February, 2016. It was settled by Bola Caleb (Miss) of Aladejobi & Aladejobi & Co., wherein a sole issue was submitted for determination thus:
i. “Whether the Respondent established a latter title to the subject matter of this appeal before judgment was delivered in their favour.?

I have carefully considered the issues formulated by the parties as well as the argument thereon. Although Appellant?s counsel identified four issues, he had argued issues a, b and d together while he argued issue (c) distinctly. On the other hand, Respondents’ counsel seemingly responded to issues (a), (b) and (d) only. The resolution of this appeal shall be done as per the mode in which arguments were proffered by counsel, hence under two heading.

ISSUE ONE (A, B & D)
Appellant in his brief

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