Otunba Hakeem Sobande V. Barrister Andy Igboekwe (2016)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

CHINWE EUGENIA IYIZOBA, J.C.A. (Delivering the Leading Judgment)

This is an appeal against the Judgment Taiwo J of the High Court of Lagos State in Suit No. LD/207/2005 delivered on the 7th day of December, 2010 in favour of the Respondent who was the Claimant at the trial Court.

The facts of the case as gathered from the record of appeal are as follows:

?In 1993, the Respondent’s client, Alhaji Bukar Usman bought a large parcel of land from the Ojupon Family at Thomas Village, Ajah, Lagos out of which the two plots of land which are the subject matter of the dispute in this case formed part of. The Respondent was the solicitor that represented Alhaji Bukar Usman in the transaction.

After the purchase, Alhaji Bukar Usman was put in possession of the parcel of land and he was said to have enjoyed quiet possession until he was made to re-purchase the land from both the Ojupon and Ogunsemo families of Ajah and the Baale of Ajah acting for himself and on behalf of the Ajah community. The repurchasing of the land was as a result of the outcome of agitations by the Baale of Ajah on behalf of the Ajah Community who fought the Lagos

State Government to free their lands from government acquisition as the lands in Ajah had been acquired by the Lagos State Government as far back as 1981 by virtue of Notice published in Gazette No. 8, Volume 14 of 19th February, 1981. The Lagos State Government eventually excised the Ajah land from the said Government acquisition in 1995 and vested same on the Baale of Ajah pursuant to the judgment of the Lagos State High Court in Suit No LD/1578/94 in which the Lagos State Government confirmed the excision of the land and vesting of the ownership of same on the Baale of Ajah to hold in trust for himself and the Ajah Community.

?The Respondent in 1999 bought the two plots of land in dispute in this case first from his client, Alhaji Bukar Usman and subsequently from the Baale of Ajah. The Respondent took possession of the land in 1999, fenced it and erected a gate thereon and had quiet possession of the land until the Appellant trespassed thereon. The purchase of the two plots of land from the Baale of Ajah was evidenced by Deed of Assignment dated 22nd November, 1999 and registered as 12/12/2121 at the Lands Registry Lagos, the transaction having been

duly consented to by the Governor of Lagos State.

Sometime in October, 2003, the Respondent’s attention was drawn to a public notice signed by Chief Olumegbon of Lagos and the Baale of Ajah requesting owners of lands in Ajah to submit their documents to certain persons including the Baale of Ajah for verification in view of the judgment of the Supreme Court in Suit No SC/147/97 which affirmed the terms of settlement in Suit No LD/21/87 between the Baale of Ajah and Chief Olumegbon of Lagos.Courts & Judiciary

Before the outcome of the verification exercise, Chief Olumegbon of Lagos and the Olumegbon Chieftaincy Family sold the Claimant’s two plots of land to the Appellant in October, 2004. The Respondent upon discovering that the Appellant had forcefully trespassed into his land and commenced construction works thereon filed this suit in February, 2005.

The case of the Appellant is that he purchased the land in dispute from Chief Olumegbon of Lagos after having seen the judgments that declared the Olumegbon Family as the true owner of the land in dispute. Upon paying the sum of N2,000,000.00 agreed as consideration, he was given vacant possession by Chief

Olumegbon in the presence of witnesses. He said that he paid the purchase price to Chief Olumegbon as the Chairman of the Ajah Management Committee and was given a receipt dated 24/10/04. He also bought hot drinks for the Olumegbon and other members of his family and they prayed for him on the land in dispute in the presence of his family before he commenced construction works.

After hearing evidence and arguments on the matter as presented by the two contending parties, the trial Court found in favour of the Respondent holding that he has proved better title to the land in dispute. The Appellant being aggrieved has filed a Notice of Appeal containing eight grounds of appeal. In his brief of argument filed on the 9th of August, 2011, the Appellant formulated 6 issues for determination as follows:

1. Whether or not the Respondent’s Vendors are the tenants of Appellant’s Vendors as was pronounced in various judgments of Courts including the Supreme Court.
2. If the answer to the above is in the affirmative, what is the effect on the following:

(a) Which of the parties has a defective title and what kind of defect does the title of this party