Reuben Angbedo Ajayi & Anor V. Mrs Comfort Bosede (2014)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

MOJEED ADEKUNLE OWOADE, J.C.A. (Delivering the Leading Judgment)

This is an appeal against the judgment of N.S. Adeyanju J. of the High Court of Justice Ondo State, sitting at Akure delivered on 29th January, 2010. By a Writ of Summons and Statement of Claim dated 27/11/2017, the Respondent as Plaintiff sued the 1st Defendant/1st Appellant claiming the following reliefs.

“15 whereof the Plaintiff claims against the Defendant as follows.

A. Declaration that the Plaintiff and her children are entitled to take immediate possession, use and occupation of the rooms and farms bequeathed to her by her husband in his testament dated 10/9/2004.

B. An order directing and compelling the Defendant to yield up the immediate possession of the rooms and farms bequeathed to the Plaintiff and her children by deceased Stephen Bosede in his last testament dated 10/9/2004.

C. An order directing the Defendant to render account and hand over to the Plaintiff all the proceeds so far realized from the sale of cocoa beans harvested from the farms and rents collected in respect of the rooms bequeathed to the Plaintiff and her children by the deceased Stephen Bosede in his last testament dated 10/9/2004.

On 11/14/2008, Chief J. I. Oguntoyinbo of Counsel to the 1st Defendant/Applicant (now 1st Appellant) brought a motion on notice and prayed the court for:

i. Extension of time within which to file the statement of defence and counter claim.

ii. An extension of time to file the memorandum of appearance in this case.

iii. An order of this Honourable court that Mrs. Veronica Dupe Bosede be joined as the 2nd Defendant and counter claimant in this case.

iv. An order of this Honourable Court that the Memorandum of Appearance and the Statement of Defence and Counter Claim marked Exhibits A & B be deem (sic) as being (sic) properly filed and served.

Consequent upon the granting of the prayers in the motion of the 1st Defendant/Appellant on 12/5/2008, Counsel for the Defendants/Appellants, Chief J.I. Oguntoyinbo filed a joint Memorandum of Appearance for the Defendants/Appellants and also a Statement of Defence and Counter Claim for the 2nd Defendant/Appellant on 19/5/2008. Learned Counsel to the Defendants/Appellants filed separate Statements of Defence and Counter Claim for the 1st and the 2nd Defendant/Appellant respectively on the same 19/5/2008. Each of the separate pleadings of the 1st and 2nd Defendant/Appellant contained the names of the 1st and 2nd Defendant as Defendants in the suit in the court below.

The 1st Defendant endorsed his counter claim with the following reliefs.

“(a) That the will purportedly made by the deceased late Stephen Bosede be set aside as being fake and of no effect whatsoever.