Mr. Iyiade Adisa Ajani & Anor V. Mr. Lekan Akanji Ajani (2016)

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SOTONYE DENTON WEST, J.C.A.

 This appeal is against the decision of the High Court of Osun State holden at lwo, delivered on 30th September, 2013.

The Respondent was the Plaintiff at the lower Court. The Appellants were the Defendants/Counter Claimants.
The Respondent’s claim was for the following:
1. A declaration that the Plaintiff is the exclusive owner of the following properties:
(i) shopping complex consisting of 12 shops situate at No. 1, Laito Street, Adegbodu Area, lwo, covered by a Deed of Assignment registered as No. 2 at page 2 in volume 36, in the Lands Registry Office, Osogbo.
(ii) Property consisting of 8 rooms (popularly known as lkoyi Health Centre) situate at No. 96, Oke-Ola Street, lsale-Oba Area, lwo.
(iii) Property consisting of 2 flats of 3 bedrooms each situate behind State Hospital, Off lle-Ogbo Road, lwo.
(iv) Uncompleted building consisting of 2 flats of 3 bedrooms each situate behind Asabi Okin Hotel, Off lle-Ogbo, lwo.
(v) Landed property situate at Plot Vl, Block C, Phase 1, on Aipate Baptist Church Residential Scheme, Off lbadan/Osogbo Highway, Adeleke Area,

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lwo.
(vi.) Uncompleted building consisting of 2 flats of 3 bedrooms each situate behind Oyo Motor Garage, Off Oyo/lbadan Road, lwo.
(vii) Property consisting of 2 flats of 3 bedrooms each situate at No. 33, Basorun Adumode Street, Araromi Area, lwo.
(viii) Landed property situate at Molegbin Family Land, Adeleke Area, lwo.
2. A declaration that the Plaintiff is the person rightfully entitled to apply for a Certificate of Statutory Right of Occupancy in respect of the properties listed in ii – viii above.
3. The sum of N1,000,000.00 (one million Naira) being damages for trespass against the Defendants jointly and severally in respect of some or all of the properties listed in Claim 1 , above.
4. Perpetual Injunction restraining the Defendants either by themselves or through their servants, agents, privies or anybody taking lawful order(s) from them from any or further trespass on any of the Plaintiffs properties listed in Claim 1, above.

?The lst Appellant on his part counterclaimed as follows:
1. An order of this Honourable Court declaring the 1st Defendant as the bonafide owner of the building situate, lying, and being

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at Hospital/lle Ogbo Road, behind Asabiokin Guest House, lwo, Osun State and covered with Land Agreement dated 15th day of October, 2003 between the 1st Defendant and Mr. Salawu Mukaila Obelawo.
2. An order of this Honourable Court declaring the 1st Defendant as the bonafide owner of a Shopping Complex consisting of 12 shops, situate, lying and being at No. 1 Laito Street, Adegbodu Area, lwo.
3. An order of this Honourable Court declaring the 1st Defendant as the bonafide owner of an (sic) 2 flats of uncompleted building consisting of 3 bedrooms each, situate, lying and being at llosi Family Land behind Oyo Motor Garage (sic) of Oyo-lbadan Road, lwo.
4. An order of this Honourable Court, declaring the Ajani family property, situate, lying and being at No. 96, Oke-Ola Street, Otun Fenge Compound, lwo, Osun State is (sic) the joint property of entire members of Ajani family.
5. An order of this Honourable Court declaring the Deed of Assignment registered as No. 2 at page 2 in volume 36 in the Lands Registry Office, Osogbo as void, been (sic) obtained by fraud.
RELEVANT FACTS
The Plaintiff/Respondent is the half brother of the 1st

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Defendant/Appellant, who assisted the 1st Appellant financially in his education and in setting up his business. The Respondent who lived and worked in the United States of America entrusted his transactions and acquisition of landed properties in Nigeria to the 1st Appellant. The Respondent discovered that in most of the documents executed in respect of the acquired properties, the 1st Appellant got the vendors to execute two documents for the same property – one in the Respondent’s name and the other in the 1st Appellant’s name. Consequently, the Respondent carried out physical inspection of the properties and discovered that some of the properties had been sold by the 1st Appellant to an unknown person who had started erecting buildings on them while some others had been registered at the Land Registry Office by the 1st Appellant in his name. The 1st Appellant vide his Statement of Defence and Counter-Claim conceded that some of the landed properties in issue belong to the Respondent but that others are either his own personal properties or belong to him and the Respondent jointly and the entire Ajani Family as undivided and/or unpartitioned family

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property. The Respondent as Plaintiff therefore instituted the action that gave rise to this appeal and judgment in the main was given in his favour by the trial Court on 30th September, 2013.

Dissatisfied, the Defendant/Appellants filed a Notice of Appeal dated and filed on 14th October,20l3 containing 3 (three) Grounds of Appeal.

In compliance with the rules of this Court, parties filed their respective Briefs of Arguments. Appellants’ Brief of Argument was settled by l.T. Tewogbade Esq., dated and filed on 17/6/2014. While the Respondent’s Brief of Argument was settled by Onyemaechi S. Adigo Esq., dated and filed on 14/8/2014.