Mrs. Olayide Okelola V. Adebisi Adeleke (1998)

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OKWUCHUKWU OPENE, JCA 

This is an appeal against the judgment of Adeyinka J. sitting at Lagos High Court delivered on 3rd day of September 1990 whereby the learned trial judge dismissed the plaintiff’s case in its entirety having come to the conclusion that the plaintiff failed to prove her case.

Earlier the plaintiff who is now the appellant had filed an action against the Respondent as the Defendant claiming as follows:-

“(i) declaration that the Property situate, lying being and known as 12, Patey Street, Ebute-Metta, Lagos belonged in fee simple to Madam Christianah Subulade Oyeteju Ejide who was deemed to have died on 20th February 1976.

(ii) A declaration of absolute Title to the said property namely 12, Patey Street, Ebute Metta, Lagos in favour of the Plaintiff by virtue of the Last Will and Testament of the late Christianah Subulade Oyeteju Ejide which WILL was admitted to Probate on 14th August 1985.

(iii) Possession of the said Property to the plaintiff.

(iv) Damages of N10,000.00 against the Defendant for unlawful detention of and denial of the plaintiffs absolute Title and interest in the said property.

(v) Perpetual Injunction against the 1st defendant, her agents, servants or privies from further staying and/or remaining on the said property.

(vi) For such further or other reliefs as this Hon. Court may deem fit in the circumstances.

Pleadings were ordered and duly filed and served. At the end of the trial the learned trial judge dismissed the Appellant’s action. Aggrieved and dissatisfied with that decision, the appellant has now appealed to this Court.

The Appellant filed five grounds of appeal.

In accordance with the rules of this Court, both parties filed their briefs of argument. In the appellant’s brief of argument, five issues were identified for the determination of the Court and they are:-

“1. Whether the learned trial judge made it correct approach to the evidence led by the parties particularly all issues ascertained to the determination of the Case and in particular for the judge’s

failure to make an issue of the Respondent’s father’s name and all evidence adduced for such determination led by the Plaintiff before considering that of the Defence.