James O. Jegede V. Madam Alimotu L. Giwa & Ors (1977)

LawGlobal-Hub Lead Judgment Report

FATAYI-WILLIAMS, J.S.C. 

In these proceedings which were commenced in the High Court of Lagos State, the plaintiff claimed against the defendants jointly and severally the sum of 1,500(pounds) (N3,000) being money paid to the defendants by the plaintiff on the 11th day of November, 1967, and expenses incurred by the plaintiff in respect of  a consideration which has totally failed.

Paragraphs 2, 3, 4, 6 -17 of the plaintiff’s Statement of Claim read:-

“2.The plaintiff avers that by a purchase receipt dated the 11th day of November, 1967 the plaintiff paid to the defendants the sum of 800 (Eight Hundred Nigerian pounds) sterling as the full purchase price of the said land.

3.The plaintiff avers that under and by virtue of a Deed of Conveyance dated the 29th day of January, 1968 and registered as No. 38 at page 38 in Volume 1274 of the Lands Registry in Office at Lagos the defendants conveyed the said land to the plaintiff.

4.The plaintiff avers that immediately after the said sale the defendants put the plaintiff in possession and the plaintiff planted thereon a board boldly written in his name.

5.Immediately after the execution of the Deed of Conveyance and being put in possession the plaintiff made a building plan of the land which plan was approved by L.E.D.B.

6.That on a visit to the land the plaintiff discovered that the signboard had been removed and a mechanic was on the land repairing motors thereon.

7.The plaintiff immediately reported to the defendants who advised the plaintiff to take action against the mechanic as the land belongs to them (the defendants).

8.The plaintiff avers that he took an action for trespass against the mechanic in Magistrate Court where it turned out that one Ademola Odunsi put the mechanic on the land the case for trespass was withdrawn as title was in issue between the plaintiff and the said Ademola Odunsi.

9.The plaintiff avers that he quickly reported this to the defendants who told him to take action for title against the said Ademola Odunsi as they were sure the land forms portion of their land, which plaintiff did; Suit No. LD/294/70 refers.

10.That during this case in court one Ademola Odunsi and one Adudul Wahab Agbomobini applied to the Lands Registry for registration of title of the land in moiety and this was quickly brought to the knowledge of the defendants who told the plaintiff to file an objection which the plaintiff did vide his letter dated 24th March, 1970.

11.That long before the action at Magistrate’s Court the mechanic was sued for trespass at Grade ‘B’ where the case was withdrawn for want of jurisdiction.

12.The plaintiff avers that for the prosecution of all these cases the services of surveyors were engaged at the instance of the defendants and the plaintiff incurred about 700 (seven hundred pounds) sterling exclusive of costs awarded against the plaintiff in the High Court.