Madam Adedoyin Ayodeji & Ors V. Alhaja Afusatu O. Otitoloju (2016)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

CHINWE EUGENIA IYIZOBA, J.C.A. (Delivering the Leading Judgment)

This is an appeal against the judgment of the High Court of Lagos State in Suit No. CA/L/353/09 delivered on the 5th day of October, 2007 dismissing the claims of the Appellants against the Respondent and another person, Mr. Alex Motunrayo. The said Mr. Alex Motunrayo who was the 2nd Defendant at the trial Court did not participate in the proceedings in that Court and based on the application of the Appellants dated 5/5/11 this appeal was discontinued against him and his name was struck out.

The Appellants as claimants in the lower Court instituted this action claiming the following reliefs against the said Defendants in their Amended Statement of Claim dated 21st April, 2004:

“(q) A Declaration that the Claimants are the owners of the piece or parcel of land and the house built thereon situate at N0. 44 Oniwaya Road, Agege, Lagos and are therefore entitled to possession of same and appurtenances,

(b) A Declaration that the 1st Defendant had incurred forfeiture on the ground of serious misbehaviour as a Tenant /Developer in respect of the said land and the building

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thereon.

(c) A Declaration that the sale of the said property by the 1st Defendant to the 2nd Defendant or any other person without the claimants’ authority is null and void and of no effect.

(d) An order of possession of the said land and the building thereon to the Claimants.

(e) An order of Court revoking or/and setting aside all documents of title issued by the 1st Defendant to the 2nd Defendant in respect of the land and the building thereon.

(f) The sum of 540,000 being rents payable to the Claimants after the expiration of the alleged 15 years development lease contract purportedly entered into by the Claimants with the 1st Defendants from 1998 to January 2001 and mesne profit at the rate of N15,000.00 per month until possession is given up.

(g) An order of injunction against the Defendants from selling the property or/and ejecting tenants therefrom.”

The case of the Appellants is that the piece of land situate at No. 44 Oniwaya Road, Agege, Lagos and the building thereon which was owned by Madam Alice Jacob Onasanya, their Aunt, was inherited by them under Ijebu Ososa native law and custom on her death in 1987. They traced

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