Ejuetami Vs Benedicta Olaiya (2001)

LAWGLOBAL HUB Lead Judgment Report

EJIWUNMI, J.S.C. 

This appeal is against the judgment of the Lagos Division of the Court of Appeal. The action was commenced by B.O. Olaiya as the plaintiff. But after his death, this court ordered that the appeal be continued by the substitution of his wife, Mrs. B.O. Olaiya in place of her deceased husband.

The events that culminated in this appeal commenced when the late B.O. Olaiya instituted proceedings by a writ of summons against the appellant to take possession of the whole dwelling house situate at No. 38 Oba Akran Avenue, Ikeja. This was followed by a statement of claim. Upon the receipt of these documents, the appellant then filed a counterclaim. And with the leave of court the appellant amended the original writ of summons and statement of claim. The appellant also with leave of court amended his pleadings. The case was eventually tried on the basis of the amended writ of summons and pleadings, which were amended and further amended by the parties. With the close of pleadings, the parties called evidence in support of their respective cases.

For the purposes of this judgment, the parties will be referred to as the appellant, the plaintiff/respondent and the defendant/respondent respectively.

For the consideration of this appeal, I will set out first the claims and counterclaims of the appellant as follows:

Paragraph 21

“(A) An order to set aside the purported deed of assignment between A O. Akaba and B.O. Olaiya in respect of the property at No. 38 Oba Akran Avenue lkeja dated 23/1/81 and registered as No. 95 at page 95 in Volume 1818 of the Lands Registry in the office at Lagos on the following grounds:

(a) fraud

(b) illegality

(c) breach of contract

(B) The plaintiff having got knowledge of the defendant’s purchase of the property and improvements thereon, induced the vendor Mr. Akaba to sell the property to him at a higher price and execute a deed of Assignment in his favour.

(C) And the 1st defendant/counterclaimant claims against the defendants special damages as follows:

Renovation of Building N10,000.00

Erection of additional structures