Col. A. C. Ugwunze V. Chief Adegboyega Adeleke & Ors. (2007)

LawGlobal-Hub Lead Judgment Report

MUKHTAR, J.C.A.

This appeal is against the judgment of the High Court of Lagos State (Coram Hon. Justice J.A. Oduneye, J.) delivered on the 15th March, 2002 in suit No. 10/262/96.

The respondents as plaintiffs in the court below, sued the appellant as defendant claiming the following reliefs:-

“1. A declaration that the plaintiffs are the persons entitled to a statutory right of occupancy in respect of all that piece or plot of land situate, lying and being at Plot 44 Adebayo Mokuolu Street, Anthony Village, Lagos, and which with its boundaries, abuts, and measurements is more particularly shown and delineated on the plan attached drawn and edged red attached to the conveyance registered as No. 72 at page 72 in volume 1410 of the Lands Registry in the office at Lagos.

2. N5,000,000.00 (Five million Naira) being special and general damages for trespass committed by the defendant, his servants and/or agents to the said land.
3. Perpetual injunction restraining the defendant, his servants and/or agents and otherwise from further trespass to the said land and for interfering with the plaintiffs’ statutory rights to occupancy of the said land.”

The case of the plaintiffs/respondents was that the late Amusa Osuade Adeleke became seized of the land in dispute on the 3rd of February. 1973 by virtue of an indenture between Walbunk Estates (Nigeria) Limited and the late Adeleke who died, after purchasing the land in 1973. The defendant/appellant, on the other hand, pleaded that he bought the properly from the same Walbunk Estates (Nigeria) Limited in 1971 and was issued a receipt dated 3rd March, 1971. The appellant has developed the property by building a residential house where he has been in occupation.

After hearing the evidence led by both parties, the learned trial Judge entered judgment in favour of the plaintiffs granting the reliefs sought other than special damages. Being dissatisfied with that judgment, the appellant brought this appeal premised on the following seven grounds:

Ground One

Judgment is against the weight of evidence.

Ground Two

The learned trial Judge erred in law in holding that the plaintiffs are entitled to declaration of title to the land in dispute as administrators and administratrix of the estate of late Amusa Osuade Adeleke, when title to the said land is not vested in them under the letter of administration tendered and admitted as exhibit A.

Ground Three

The learned trial Judge erred in law when he held as follows:-

“I agree with the submissions of learned counsel for the plaintiffs Mr. Adewale that the plaintiffs as next of kins and the administrators of the personal property of the estate of late Amusa Adeleke will suffer no disability other than be regarded as executors de son tort of the estate of late Adeleke in which capacity they can still sue and do everything for the benefit of the estate of the deceased just as if they were the legal personal representatives or administrators of the real estate of late Adeleke – see the case of Udo v. Williams (1997) 1 NWLR (Pt. 483) page 548 ratio 3 at 550. See also sections 3(1) and 9(3) of Administration of Estate Law. Cap, 3. Laws of Lagos State, 1994. I therefore hold that the plaintiffs are entitled to sue as next of kins in respect of the property in dispute even though it was not included in the letter or administration exhibit “B”…

Particulars of error