MR. Surajudeen Jaji & Ors V. Alhaja Idiat Olowora & Anor (2015)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

UZO I. NDUKWE-ANYANWU, J.C.A. (Delivering the Leading Judgment)

This is an appeal against the Judgment of the High Court of Lagos State delivered on 12th of September, 2012 by Hon. Justice Dada.

By a Writ of Summons, together with a 2nd further Amended Statement of claim dated 4th of June, 2008, the Claimants now Appellants claimed as follows:-

1. A declaration that the claimants are the only persons entitled under the Yoruba Native Law and Custom and other applicable laws to the building and landed property lying, being and situate at No. 2 Smith Street, Lagos Nigeria which forms part of the Estate of Late Jinadu Owunmisola Balogun (otherwise known and called Jinadu Owunmisola).
2. On the death of Late Jinadu Owunmisola Balogun and subsequent death of his two children namely- Abake (otherwise known and called Labake) and Yekini the ownership, rights, interest and privileges of the said Late Jinadu Owunmisola Balogun and later of Abake and Yekini on the building and landed property situate at No. 2 Smith Street, Lagos devolve on the claimants under the Yoruba Native Law and Custom of the Yorubas and all other applicable laws in Ogun State and Lagos State of Nigeria.

The Defendants, now Respondents, also filed a further Amended Statement of Defence dated 14th of March, 2011 thereby joining issues with the Appellants. The Appellants further filed a reply to the Respondents further Amended Statement of Defence. Evidence was led, after which the trial judge in its considered judgment dismissed the claim of the Claimants/Appellants. Dissatisfied with the said judgment, the Appellant filed a Notice of Appeal on 4th of December, 2012 consisting of three (3) grounds of appeal.

The facts briefly stated are as follows:-

The property at No. 2 Smith Street, Lagos which is the property in dispute in this case, forms part of the Estate of Jinadu Balogun. Jinadu Balogun was survived by two children Abake/Labake and Yekini to whom he bequeathed the property but who subsequently died without any issue. Jinadu Balogun had other siblings namely: –

(i) Raliatu Abebi, who without dispute was a full sister of Jinadu Balogun and

(ii) Madame Ademuyiwa Eruwon. It is the case of the Appellants that Madam Ademuyiwa Eruwon was only a paternal half-sister (i.e. same father but different mother with Jinadu Balogun). On the other hand, it is the case of the Respondents that Madam Ademuyiwa was also a full sister to Jinadu Balogun.

The Appellants, who were also Claimants at the lower court, are the descendants of Abebi whilst the Respondents as Defendants claimed to be descendants of Madam Ademuyiwa though their status as such is being contested by the Appellants.

It is the case of the Appellant that Madam Ademuyiwa had only two children namely:-

1. Rufai Eruwon and
2. Shittu Eruwon.

The two children, they said, died without any issue. This is contrary to the case of the Respondents who alleged that Madam Ademuyiwa had three children namely:-

1. Shittu,
2. Yusuf, and
3. Aminu.

They claim to be descendants of Shittu and Yusuf. It is also part of the case of the Respondent that Jinadu Balogun, during his lifetime, accommodated the three children of madam Ademuyiwa in the property in dispute.

The case of the Appellant before the Court is that they are the ones entitled to the estate of Jinadu Balogun including the property in this case and that the Respondents have no relationship with the estate.

According to the rules of Court, the Appellant filed his brief of argument on 1st of May, 2013. No brief was filed by the Respondents. Upon the expiration of time, within which the Respondents were to file their brief, the Appellant filed an application for this appeal to be heard on the Appellant’s brief alone. The application was granted on 22nd of October, 2014.