Mrs. Tawa Sule Vs Mrs. Bola Adekanbi (2023)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

MUHAMMAD IBRAHIM SIRAJO, JCA (Delivering the leading judgment)

The suit leading to this appeal was commenced vide a writ of summons and statement of claim filed before the Lagos State High Court (the lower court), on 24/01/1989 by Mrs. Amudatu Ogundiya and Fausat Sule as plaintiffs, against Mr. Simon Falade Olaofe, as defendant.

Before the commencement of trial, the first plaintiff died and was substituted by Mrs. Tawa Sule by an order of the lower court made on 04/07/1995. Similarly, the defendant, following his demise, was substituted by Mrs. Bola Adekanbi by an order of the lower court made on 04/11/1996.

By their 2nd further amended statement of claim dated 11/11/2002 but filed on 15/11/2002, copied at pages 131 – 136 of the record of appeal, the appellants, as plaintiffs, claimed against the respondent, as defendant, the following reliefs:

1. A declaration that the plaintiffs are the persons entitled to the certificate of occupancy or a statutory right of occupancy of the following block of flats:

(i) First, a storey building consisting of five rooms upstairs and five (5) rooms downstairs.

(ii) Secondly, a storey building consisting of six (6) rooms upstairs and four (4) rooms downstairs

(iii) 3rd, a storey building consisting of six (6) rooms upstairs and six (6) rooms downstairs.

(iv) Five (5) rooms bungalow (Boys Quarters) all situate within the area of land covered on plan No. MK/661/78 also known as A/176, Gbogunleri Street, Ogo Lagbe Area, Agege, By-Pass Agege, Lagos.

2. A declaration that any purported sale of the two boys quarters for the sum of N20,000.00 (twenty thousand naira only) by the plaintiff’s mother to the defendant’s father allegedly by virtue of the agreement/purchase receipt dated 21st August, 1988 in defendant father’s favour is void and of no effect.
3. A declaration that the sum of N18,000.00 (Eighteen thousand naira only) received by late Madam Amudat Ogundiya from late Mr. Simeon Olaofe was a loan which the plaintiffs are entitled to pay the defendant.
4. An order that the defendant should surrender to the plaintiffs any documents) relating to and concerning the said houses mentioned above which the defendant took from the plaintiff’s mother when she was of an unsound mind in August, 1988.
5. An order of perpetual injunction restraining the defendant, his agents and/or servants from molesting, harassing, ejecting and threatening the plaintiffs or their tenants with a view to dispossessing them of the said buildings.

By her amended statement of defence and counter claim filed on 11/03/2002, copied at pages 111 – 117 of the record of appeal, the respondent, not only denied the claim of the appellants, she counter claimed as follows:

i. A declaration that the defendant is the owner of an equitable right to possession of all that part of the premises known and called No. 7, Gbogunleri Street, Ogedengbe Area, Agege Bye-Pass, Agege, Lagos particularly the main building which is a storey structure consisting of 6 rooms upstairs and 6 rooms downstairs; the boys quarters of 2 miniature storey buildings; lone building consisting of 6 rooms downstairs and 2 rooms upstairs, the other consisting of 4 rooms downstairs and 4 rooms upstairs; a miniature bungalow consisting of 4 tiny rooms.

ii. A declaration that the defendant is the owner of an equitable right to possession of all that part of the premises known and called No. 7, Gbogunleri Street, Ogedengbe Area, Agege Bye-Pass, Agege, Lagos particularly the main building which is a storey structure consisting of 6 rooms upstairs and 6 rooms downstairs; the boys quarters of 2 miniature storey buildings; one building consisting of 6 rooms downstairs and 2 rooms upstairs, the other consisting of 4 rooms downstairs and 4 rooms upstairs; a miniature bungalow consisting of 4 tiny rooms; and remains such an owner until the Governor’s consent is applied for and obtained.

iii. An order directing the 15 plaintiff, her assigns or privies to apply or cooperate in the application for the Governor’s consent to complete the legal transfer of the 1st plaintiff’s leasehold interest at No. 7, Gbogunleri Street, Ogedengbe Area, Agege Bye-Pass, Agege, Lagos particularly the main building which is a storey structure consisting of 6 rooms upstairs and 6 rooms downstairs; the boys quarters of 2 miniature storey buildings; one building consisting of 6 rooms downstairs and 2 rooms upstairs, the other consisting of 4 rooms downstairs and 4 rooms upstairs; a miniature bungalow consisting of 4 tiny rooms.

iv. An order of perpetual injunction restraining the 1 & plaintiff, her assigns, privies or agents from disturbing, harassing or otherwise obstructing the defendant from taking possession of the part of the premises known and called No. 7, Gbogunleri Street, Ogedengbe Area, Agege Bye-Pass, Agege, Lagos particularly the main building which is a storey structure consisting of 6 rooms upstairs and 6 rooms downstairs; the boys quarters of 2 miniature storey buildings; one building consisting of 6 rooms downstairs and 2 rooms upstairs, the other consisting of 4 rooms downstairs and 4 rooms upstairs; a miniature bungalow consisting of 4 tiny rooms.

v. An order that the plaintiffs shall quit and deliver up possession to the defendant of the premises known and called No. 7, Gbogunleri Street, Ogedengbe Area, Agege Bye-Pass, Agege, Lagos particularly the main building which is a storey structure consisting of 6 rooms upstairs and 6 rooms downstairs; the boys quarters of 2 miniature storey buildings; one building consisting of 6 rooms downstairs and 2 rooms upstairs, the other consisting of 4 rooms downstairs and 4 rooms upstairs; a miniature bungalow consisting of 4 tiny rooms.