CORAM

PARTIES

PRINCE IDOWU KAYODE ADEBIYI APPELLANTS

1. MRS. AGNES DASILVA2. MRS. OMOLARA DASILVA3. MR. OLATUNDE DASILVA(For themselves and on behalf of the beneficiariesof the Estate of Late Mr. Paul Oladimeji Borges Dasilva)  RESPONDENTS

AREA(S) OF LAW

SUMMARY OF FACTS

The Respondents as Claimants at the trial court instituted the action against the Defendant/Appellant claiming amongst others for a declarative order that they are the beneficial owners of all that piece of land measuring 338.17 square meters lying and situate at Fola Agoro Street, Abule-Ijesha, Yaba, Lagos which is particularly described in the survey plan No, MD/76/226 dated the April, 1978 registered as No. 32 at page 32 in Volume 1773 of the Lands Registry of Lagos State.  Their case was that, the 1st Respondent’s husband who also is the father of the other Respondents late Mr. Paul Oladimeji Borges Dasilva, bought the land in dispute from the Eletu Odibo Chieftaincy family of Lagos State in 1976 via a Deed of conveyance dated 28/4/1978. He rented the land in dispute to one Mr. Ayodele Balogun, an automobile Mechanic who is the representative of a group of artisans. In 2010, the Respondents were informed by their tenant, Mr. Ayodele Balogun that some persons acting on the behalf of the Eletu Odibo Chieftaincy family came to request for the title of the Respondents to the land in dispute, which was subsequently presented to the family and upon sighting the Respondents’ title documents they were satisfied and consequently  informed them that the family was merely carrying out verification exercise to ascertain leasehold from freehold titles of their assignees. In March, 2011, the Respondents were once again alerted by their tenant that some unknown persons had encroached on the land with intention to construct and they swiftly moved to forestall any such further encroachment but to no avail as the Appellant’s ensured the encroachment by way of construction on the land in dispute continued. The Appellant as Defendant’s case was that by a purchase receipt and duly executed Deed of Assignment dated 14/3/2011, the Appellant bought the parcel of land from the Eletu Odibo Chieftaincy Family of Lagos and that the said Chieftaincy family from whom the Respondents also claimed to have bought the disputed land denied any sale of the land in dispute to the Respondents’ progenitor as alleged by the Respondents. The Appellant also claimed to have been put into possession by his vendors the Eletu Odibo Chieftaincy family of Lagos upon his purchase of the land in dispute. The trial court having heard from both parties found in favour of the Claimants/Respondents. Dissatisfied, the Defendant/Appellant has appealed to the Court of Appeal.

HELD

Appeal Allowed in part

ISSUES

?    Whether from the surrounding facts of this suit, the Respondents have the necessary standing, locus standi, or capacity to institute or maintain this action against the Appellant? (Distilled from Ground 1)?    Whether based on the facts and evidence adduced by the Respondents, the court below rightly granted all the reliefs claimed? (Distilled from Grounds 3,4, & 5)?    Whether from the overall circumstances, the failure of the court below to resolve the issue of the identity of the land in dispute by calling or ordering the filing of composite survey plan has not occasioned a miscarriage of justice? (Distilled from Ground 2)

RATIONES DECIDENDI

CASES CITED

STATUTES REFERRED TO

Administration of Estates Law of Lagos State Cap 2, 1973

Law of Real Property Act 1925

Property and Conveyancing Law 1959.

Rules of Professional Conduct and the Legal Practitioners Act

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