Mrs. Islamiya Bakare V. Madam Mistura Shake Shinaba Ors. (2012)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

SIDI DAUDA BAGE, J.C.A. (Delivering the Leading Judgment)

This is an Appeal against the Judgment of Hon. Justice E. A. Lufadeju (Mrs.) of the High Court of Lagos State, Lagos Judicial Division, delivered on the 12th of January, 2007 in Suit No.LD/2358/2002.

The Claimant in her Writ of Summons dated 8th October, 2003 and amended pursuant to the order of the lower Court made on the 6th of October, 2003. The Claimant had sought for the following reliefs:-

(1) A DECLARATION that the landed property situate lying and being at No.19/21 Apatira Street, Lagos Island belonged to late Yussuf Shinaba and jointly belong to the Abdul Salami Shinaba and Abudul Gafar Shinaba branches of the Yussuf Shinaba family.

(2) AN ORDER of the Honourable Court partitioning the Landed property situate, lying and being at No.19/21, Apatira Street, Lagos Island into 2 equal parts between the Abdul Salami and Abdul Gafar Shinaba branches of the Yussuf Shinaba family.

(3) AN ORDER of the Honourable Court directing the 1st to 3rd Defendants to render accounts of the rents collected from the tenants on the 6 rooms and 3 shops on the ground floor of the landed property at No.19/21, Apatira street, Lagos Island from October, 2001 till date and divide the said rents into 2 equal parts for the Abdul Salami Shinaba and the Abzdul Gafar Shinaba branches of the Yussuf Shinaba family.

(4) AN ORDER of the Honourable Court directing the 4th Defendant to register the ownership title in the landed property situate at No. 19/21 Apatira Street, Lagos Island in the names of Yussuf Shinaba family or the Alhaji Abdulsalami Shinaba and Abdul Gafar Shinaba branches of the Yussuf Shinaba family.

The amended Statement of Claim is dated 8th October, 2002 and states thus:-

“1. The Plaintiff is one of the children of late Alhaja Raliat Opere who died on 19/6/2003. The Plaintiff pleads the obituary.

2. The late Alhaja Raliat Opere is one of the great grand children of late Yussuf Shinaba, the original owner of the landed properties at No.22/24 Faji Street and 19/21, Apatira Street, Lagos Island.
3. The late Yussuf Shinaba begat 7 children namely:

(a) Late Abdul Salami Shinaba (the grandfather of the Defendants).

(b) Late Abdul Gar Shinaba (The grandfather of late Alhaja Raliat Opere and great grandfather of the Plaintiff).

(c) Late Muritala Shinaba.

(d) Late Abdul Quadri Shinaba.

(e) Late Madam Ashimawu Anibaba (Nee Shinaba).