Vincent O. Awosile V. Chief F.O.D. Sotunbo (1992)

LawGlobal-Hub Lead Judgment Report

A. B. WALI, J.S.C. 

The appellant was the plaintiff in the High Court of Ogun State of Nigeria, in the Shagamu Judicial Division wherein he brought an action against the respondent/defendant, his former son-in-law, claiming as follows:-

“(a) An order setting aside the Deed of Conveyance obtained by FRAUD dated 25th day of June, 1965 registered as No. 1 at page 1 in Volume 867 of the Register of Deeds kept at the Land Registry IBADAN now ABEOKUTA.

(b) An account of Rents collected from all the building on the landed property by the defendant between 1963 and 1976. Payment over to the plaintiff of whatever is found due to him”.

Pleadings were filed and exchanged. Both the appellant and the respondent gave evidence and called witnesses in support of their cases. In a considered judgment by Delano J. (as he then was) he dismissed the appellant’s claims, concluding as follows-

“(a) The claims of the plaintiff in its (sic) entirety fails (sic) and it (sic) is accordingly dismissed.

(b) The counter-claim of the defendant in its entirety also fails and it is accordingly dismissed.

(c) The defendant shall return to the plaintiff the sum of five thousand Naira (N5,000.00) paid to the defendant.”

The learned trial Judge made no order as to costs.

The appellant, being dissatisfied with the judgment handed down by the trial court, appealed against it to the Court of Appeal, lbadan Division. In a considered judgment of the Court of Appeal delivered by Ogundare J.C.A. (as he then was) and to which both Omo, J.C.A. (as he was then) and Onu, J.C.A., subscribed, he dismissed the appeal of the appellant and set aside the order made by the trial court that the respondent should refund to the appellant the sum of N5,000.00.

The fact’s of the appellant’s case simply put are as follows-

The appellant, by purchase in 1953 under Native Law and Custom from ljokun Community became the owner of the parcel of land situate and lying at Shagamu. By a deed of conveyance dated 8th June, 1964 (Exh.’A’) executed between the Ijokun Community on the one part and the appellant on the other part the said parcel of land lying and situate at Orile Ijokun (Sabo) Shagamu was conveyed to the appellant as the purchaser, for a consideration of Forty Nine Pounds and Ten shillings (49.10.0). Later on, the appellant become indebted to the respondent to the tune of 1,600.88.

As a result of the indebtedness, the appellant said, by an oral agreement, he entrusted the collection of rents from the two houses built on the land to the respondent in order to reimburse himself in the sum of 1,600.00 or N3,200.00. Then in 1965 at the suggestion of the respondent, the appellant executed Exhibit “B”, another deed of conveyance in the respondent’s favour for a consideration of N4,800.00 the amount he was at the time indebted to the respondent; as security for the said debt. From that time the respondent continued to collect and receive the rents accruing from the two buildings without rendering any account to the appellant. The appellant also complained that the respondent had by 1969, built five more houses on the land without his permission or consent.

In 1973 the appellant demanded from the respondent a return of his land, the deeds of conveyance (Exhs. “A” and “B”) and for an account of the rents collected, plus payment of any amount found due either way.