Miss Tutu Dawodu V. Mrs. Jokotade Isikalu & Ors (2019)

LAWGLOBAL HUB Lead Judgment Report

WALTER SAMUEL NKANU ONNOGHEN, C.J.N.

This is an appeal against the judgment of the Court of Appeal Holden at Lagos in appeal No. CA/L/125/2008 delivered on the 7th day of September, 2011 which affirmed the decision of the High Court of Lagos State in suit No. ID/748/1993 delivered on 4th May, 2006.

The facts of the case, in a nutshell, are as follows: –

The respondents, as plaintiffs instituted the suit claiming that the subject property in dispute is family property originally belonging to their grandmother, one Madam Adeline O. Kasumu who died in 1955. In other words, both parties are the grand children of the said original owner.

On the other hand appellant, who was the defendant before the Court claimed sole or exclusive ownership of the subject property by virtue of the provisions of a Will purportedly made by their original grandmother in which she allegedly disinherited the father of the plaintiffs, now, respondents before this Court.

The reliefs claimed in the writ of summons are as follows:

“1. Whether the plaintiff’s father Mr. Adetokunbo

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Kasumu (deceased)) son of Madam Adeline O. Kasumu has any right which can devolve on his children. If the answer to the question above is in the affirmative,

i. A declaration that the plaintiff’s children of Mr. Adetokunbo Kasumu are joint owners of the property No. 19 lgbosere Road, Lagos registered in the name of Madam Adeline O. Kasumu as L02429 with the defendant.

ii. A declaration that the sublease dated 31st December, 1992 is valid and binding on all signatories to the agreement and any person or persons claiming through them.

2. Whether the defendant can claim (exclusion) of the plaintiffs the property of Madam Adeline O. Kasumu deceased situate at No. 19 lgbosere Road, Lagos and registered as L02429 Lagos.
3. Whether the plaintiffs who acting with the defendant’s deceased mother Mrs. Rosaline Adeola Bruce executed a valid sublease dated 31st December, 1992 for purpose of development of the property earlier mentioned.
4. Whether the defendant has power to avoid the agreement contracted by plaintiffs and her deceased mother with a third party.”

On the other hand, the defendants claimed, by way of counter claim, the following reliefs:

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“(i) A Declaration that plaintiffs have no rights, claims or ownership in the property situate and being at No. 19 Igbosere Road, Lagos.