Dr. Michael Emuakpor Abeke V. Barrister A.a. Odunsi & Anor (2013)
LAWGLOBAL HUB Lead Judgment Report
OLUKAYODE ARIWOOLA, J.S.C.
This appeal is against the decision of the Lagos Division of the Court of Appeal, hereinafter called, the court below. The appellant herein was the plaintiff at the trial High Court of Lagos State while the respondents were the defendants. The appellant had claimed at the High Court, the following reliefs:
“1. An order of possession of that property known, addressed and described as No.4 Oyewunmi Close, Surulere, Lagos, which property is presently being held over and detained by the defendants in this suit.
- An order directing the defendants to pay the sum of N600,000 (six hundred thousand naira) as mesne profits on the said property in dispute from the 1st of April, 1992 to the 1st of April, 1996 at the rate of N150,000.00 per annum and thereafter at the said rate pro rata up to and after the judgment of this court until vacant possession is granted.”
The facts of this case are as follows: The appellant had purchased the property known and described as No.4 Oyewunmi close, Surulere, Lagos, hereinafter referred to as the property, from the estate of Michael Abiodun Joseph for the sum of N1.1 million (One million, one hundred thousand naira). Consequent upon the purchase, the respondents herein who were tenants in the property challenged the appellant’s authority and ownership of the property on the ground that the estate of Michael Abiodun Joseph ought to have given them the first option to purchase the property.
By the judgment of Adeyinka J. (as he then was) in suit No. LD/3626/93, the High Court declared as between the appellant and the respondents, that the appellant was the beneficial owner of the property and was entitled to recover possession of same from the defendants on service of the relevant statutory notice.
Pursuant to the judgment of Adeyinka, J. (as he then was), the appellant filed another suit, the subject of this appeal, wherein he claimed as earlier stated in this judgment.
In their statement of defence, the respondents admitted that they had not paid any rent to the appellant since 1992 because there was a dispute as to the ownership of the property.
In the trial, both parties called evidence. The 1st respondent in his evidence in chief testified that he was not a tenant in the property indispute but the owner of the said property, notwithstanding the judgment of Adeyinka, J. (as he then was) which had declared the appellant the rightful owner of the property. The 1st respondent however admitted that he had no title documents to the said property.
Based on the denial of the appellant’s title to or ownership of the said property, the trial Judge ordered as follows:
“(i) Possession of No. 4 Oyewunmi Close Surulere, Lagos is hereby granted to the plaintiff.
(ii) The defendants shall pay to the plaintiff mesne profit at the rate of N50,000 per annum from 1/4/94 – 1/4/96 and thereafter at the rate prorata up to and after this day until vacant possession is granted to the plaintiff.”
The judgment of the trial court was later set aside upon appeal to the court below by the respondents and the appellant’s claims were dismissed. That decision has led to this appeal predicated on five grounds of appeal.
Upon the receipt of records of appeal, pursuant to the rules of this court, parties filed and exchanged their briefs of argument. Both parties subsequently amended their respective brief of argument and the appeal was finally argued on 26/2/2013.
From the five grounds of appeal, the appellant formulated the following three issues for determination of this appeal.
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