Steven Omo Ebueku V. Sunmola Amola (1998)

LAWGLOBAL HUB Lead Judgment Report

G. O. AGBAJE, J.S.C.

The back-ground of the appeal now before us is as follows:-

By his amended writ of summons the plaintiff, Steven Omo Ebueku, claims as follows:-

“The plaintiff seeks against the 1st, 3rd to 5th defendants a declaration of title in fee simple, absolute or alternatively according to Yoruba Native Law and Custom to all that piece or parcel of land situate at Obele Kolade, between Odunsi Street and Oseni Street, Surulere.

2. Against the 1st defendant the plaintiff seeks an order of forfeiture and for possession of the land in dispute.
3. The plaintiff also claims the sum of N400 (FOUR HUNDRED NAIRA) from the 1st Defendant for use and occupation and also mesne profits at the rate of N100.00 a month until possession is given up.

The amended writ of summons was filed on the 26th day of November, 1975 pursuant to an order of court made on 24th November, 1975. The case itself originated in a Lagos High Court in March, 1972. Then there were two defendants to the plaintiff’s action, one Sunmola Amola 1st defendant and one Joseph Adeyemi 2nd defendant.

Pleadings were ordered on 8/5/72 by Kazeem J. Pursuant to this order the plaintiff filed a Statement of Claim on 7/7/72. I need not say more about this document since it was amended more than once later in the course of the proceedings in this case. The 2nd defendant, Joseph Adeyemi settled with the plaintiff. The plaintiff then moved for and got judgment on 23/10/72 against him as per the terms of settlement agreed upon by them. Nothing turns on this judgment in this appeal so I will say no more about it.

By an application dated 27/10/72 the 1st defendant Sunmola Amola moved for the following reliefs:-

“(a) Extension of time within which to file Statement of Defence.

(b) An Order to join Chief M.A. Ajao, Mr. A.A. Ajao, Chief A.A. Adesida (the Executors and the Executrix of the estate of Chief J.A. Ajao (deceased) as 3rd, 4th and 5th Defendants.”

The prayers were granted on 28th November, 1972 by Adedipe J. Pursuant to this order the 1st defendant filed a Statement of Defence on 21/10/72 which was subsequently amended more than once. The 3rd to the 5th defendants became parties to these proceedings by this order of court. They for their part filed a Statement of Defence. To this Statement of Defence the plaintiff filed with leave of court a reply.

For the purpose of the appeal now before us it is necessary to refer to the following portions of the Statement of Defence of the 3rd to the 5th defendants. They are paragraphs 3, 4 and 5 thereof which are:-

“3. The Defendants assert that they are the Executors and Executrix of the Estate of the Late Chief J .A. Ajao who had at Obele-Odan or Obele-Kolade Surulere from December, 1955 acquired 27 acres of land from the Aboki Bada family and its members who put the said (deceased) in immediate possession of the said Land; and the documents of purchase were registered on 14th of December, 1955 as No. 14 at page 14 in Volume 699 and on 7th October 1958 as No. 13a at page 13 in Volume 699 at the Land’s Registry Ibadan.

4. The 3rd, 4th and 5th defendants aver that, when they became the executors and executrix of the estate of the Late Chie O.A. Ajao they discovered that the land in dispute now known as 4 Odunsi Street Obele-Kolade had been sold to certain person who was put in possession and who had built on the land.
5. The 3rd, 4th and 5th Defendants affirm that the said 4, Odunsi Street Obele-Kolade is a part of the 27 acres of land belonging to the said Ajao Estate and that the 1st Defendant is the rightful purchaser of the said Land.”

It is equally necessary to refer to the following portions of the reply of the plaintiffs to the Statement of Defence:-

“2. The Plaintiff avers that in an action suit No. MK/115/65 between the Plaintiff and the said defendants (the latter) admitted the title of the Plaintiff to the land the subject matter of this action.