Madam Aderemi Ogunko & Ors V. Alhaja Amuda Shelle (2003)

LawGlobal-Hub Lead Judgment Report

SULEIMAN GALADIMA, J.C.A.

This is an appeal against the decision of Adeniji, J., of the Lagos State High Court in suit No. LD/262/89 delivered on the 29th day of April, 1992.

The appellants who were the plaintiffs at the lower court had claimed against the respondent as defendant, the following reliefs:
“1. A declaration that the plaintiffs are the persons entitled to possession and right of occupancy in respect of the landed property situate and lying and being at and known as No. 14 Jonah Lane, Lagos.
2. Possession of the said property.
3. An account of all rents collected from January 1963 until possession is given up.”

The relevant paragraphs of the plaintiffs’ pleadings filed on 20/12/89 are as follows:
“1. The plaintiffs are the descendants and Legal Administrators of the estate of late Madam Omodele, the legal owner of No. 14, Jonah Lane, Lagos. The plaintiffs shall rely on letters of Administration granted to the plaintiffs by the High Court of Lagos State on the 5th of September, 1989.

2. The said late Madam Omodele is the legal free-holder of the plot or parcel of land and building situate, lying and being at and known as No. 14, Jonah Lane, Lagos given under crown grant dated 17th November, 1866 and registered as No. 149 at page 149 in Volume 2 of the registered of Deeds kept at the Lagos State Land Registry, Lagos, Nigeria. The plaintiffs shall reply on a certified true copy of the said crown grant.

3. The said late Madam Omodele left two sons by name Odofin Ogunko and Solomon Ogunko to inherit her No. 14, Jonah Lane, Lagos on her death.

4. The said property known as No. 14, Jonah Lane, Lagos thereby became the family property of the Ogunko and Solomon Ogunko.

5. The plaintiffs in this suit are descendants and legal representatives of the two branches of the said Ogunko family the legal joint owners of the said No. 14, Jonah Lane, Lagos the subject-matter of this suit.

6. There has been no partition of the said family property.

7. Sometimes in 1961, some of the children of the said Solomon Ogunko who formed a part of a branch of the said two branches of the entire Ogunko family purported to have sold the said family property to the Shelle family of Lagos in the names of Abiodun Shelle, Animota Shelle, Alliu Dodo Adewale and Seidu Shelle.

8. As a follow-up to the said purported sale of the said Ogunko family property to the said Shelle family of Lagos, about August, 1961, the said members of the said Shelle family of Lagos in the said names of Abiodun Shelle, Animota Shelle, Alliu Dodo Adewale and Seidu Shelle submitted application to the Lagos Land Registry for first registration of the said No. 14, Jonah Lane, Lagos in their said names to applicants under title No.L04005.

9. Following the said application by the defendants, the plaintiffs through their solicitor Mr. J. Ola Orojo now Hon. Justice J. O. Orojo Rtd. lodged an objection in writing to the defendants registration. The said letter would be tendered at the trial of this suit.

10. By the decision of the Lagos Land Registry as a court on the 18th December, 1962, the application of the defendants ancestors was rejected. The certified True copy of the proceedings and judgment of the said court will be tendered at the trial.

11. Following the dismissal of the defendants first registration, the plaintiffs through their solicitor the Hon. Justice Orojo Rtd. wrote another letter dated the 24th of December, 1962 warning the defendants from making further claim on the property in dispute and account of all rents collected. The said letter shall be founded at the trial of this suit.