Jackson I. Sanya v. M.A.O. Johnson (1974)

LawGlobal-Hub Lead Judgment Report

O. IBEKWE, J.S.C.

One Madam Dorcas Folashade Agbeke seems to be the central figure around whom the web of litigation in this case is woven. The Plaintiff claims his title to the land through her. The defendant, who is one of her children, also claims through her his right to be in possession of the land in dispute.

On the 12th day of November, 1970 the plaintiff filed an action in the High Court of Lagos claiming against the defendant a declaration of title to all that piece or parcel of land together with the building thereon situate, lying and being at Abule-Ijesha and known as No. 20 Bailey Street, Abule-Ijesha. Plaintiff also claimed possession. Pleadings were ordered and filed. In view of the importance of the pleadings in this case, coupled with the fact that very serious admissions were made by the defendant in his Statement of Defence, we think it is desirable that the relevant portions of the pleadings be set out, at least for the purpose of clarity.

The plaintiff in paragraphs 2, 3,4, 5, 6, 8, 9, 10 and 11 of the Statement of Claim averred as follows:

“2. The property in dispute is a piece of land together with the buildings thereon situate, lying and being at Abule-Ijesha and known as No. 20, Bailey Street, Abule-Ijesha, Yaba.

3. The said piece of land forms part or portion of a large tract of land originally belonging to the Members of Eletu Odibo Chieftaincy Family of Lagos.
4. In or around 1951 the members of the said Eletu Odibo Chieftaincy family leased the said piece of land to Madam Dorcas Folashade Agbeke (the Defendant’s mother). There was no deed or lease at the time but the said Madam Dorcas Folashade Agbeke was immediately put into possession and thereafter she remained in continuous and uninterrupted enjoyment of the land.
5. A few months after entering into possession the said Madam Dorcas Folashade Agbeke erected some buildings on the said piece of land and the said buildings have not been altered ever since.
6. On the 17th day of April, 1957 the said Madam Dorcas Folashade Agbeke purchased for the price of ‘a380 the freehold estate of said piece of land from Councillor Amusa Gbadesere, the then Chief Eletu Odibo of Eletu Odibo Palace, Lagos. But there was no formal deed of conveyance before the death of the said Councillor Amusa Gbadesere.
7. By an Indenture dated the 28th day of February, 1964 and registered at No. 55 at page 55 in volume 1222 of the Lands Registry, Lagos, Ishmael Ishola Olatunji Bajulaiye (the new Chief Eletu Odibo of Lagos) and the other principal members of the Elutu Odibo Chieftaincy Family conveyed the said piece of land to Madam Dorcas Folashade Agbeke in consideration of the 80 pounds already paid to their predecessor, Councillor Amusa Gbadesere.
8. By a purchase receipt dated 23rd day of September, 1970 the said Madam Dorcas Folashade Agbeke sold the said piece of land together with the buildings thereon to the Plaintiff for the value of 1,500 pounds.
9. Two days later (on September 25,1970) she executed a deed of conveyance in favour of the Plaintiff. The said Deed together with some other relevant documents had been submitted to the Land Registry, Lagos for title registration under Title No. MO 9119.
10. Immediately after executing the said deed of conveyance this same Madam Dorcas Folashade Agbeke instructed the Defendant (who is her son and also the care-taker of the property) to surrender possession to the Plaintiff but surprisingly the defendant refused to do so.”

In paragraph 3 of his Statement of Defence the defendant admitted the aver

ments contained in paragraphs 2-6 of the Statement of Claim, and also proceeded under paragraphs 4, 5, 7, 8 and 10 to aver as follows:

“4. With further reference to paragraph 4 of the Statement of claim the defendant avers that it was in 1945 and NOT 1951 that the land in dispute was leased to the Defendant by the Eletu Odibo Chieftaincy Family.

5. That at the time of the lease in 1945 the Defendant was serving in Burma during World War n with the West African Frontier Force from where he made arrangements with his mother the said Madam Dorcas Folashade Agbeke to negotiate for the land for him with the Eletu Odibo Chieftaincy Family.
6. With further reference to paragraph 5 of the Statement of claim the Defendant avers that immediately after the grant to him of the land he took possession of the said land through his mother and agent the aforesaid Madam Dorcas Folashade Agbeke and caused some buildings to be erected on the said land at his own expenses.
7. With further reference to paragraph 4 of the Statement of claim the defendant avers that he was one of several tenants of the Eletu Odibo Chieftaincy Family to whom land was granted in the area and that no formal lease agreement was executed in favour of any of the leaseholders.

“10. With further reference to paragraph 10 of the Statement of claim the defendant avers that at the material times his said mother was too old to understand the nature and contents of any instrument which she was alleged to have executed if indeed that was the case.”

As could be seen from the pleadings, it is clear therefore, that the plaintiff’s case is that the land in dispute originally belonged to the Eletu Odibo Chieftaincy Family, which family, first of all leased it to the said Madam Dorcas Folashade Agbeke but, later on, sold the land to her. She in turn, sold to the plaintiff.

The defendant’s contention is that his late mother, Madam Dorcas Folashade Agbeke, took a lease of the land from the Bletu Odibo Family as his agent. It is the defendant’s case that his late mother, Madam Agbeke, did not, at any time, sell the land in dispute to the plaintiff, and that the alleged conveyance to the plaintiff was void on the following ground:

“That at the material time, his mother, Madam Agbeke was too old to understand the nature and contents of the instrument which she was alleged to have executed.”

It seems to us that the only issue in this case which calls for serious attention is the question as to whether or not the property in dispute was ever sold to the plaintiff by Madam Dorcas Folashade Agbeke or not At the trial, the plaintiff gave evidence, and called four witnesses to prove that the landed property in dispute was sold and conveyed to him by Madam Dorcas Folashade Agbeke, who issued a purchase receipt Ex. “A” in his favour, and handed over to him, her own title deed Ex. “B”. He also said that, later on, the vendor, Madam Agbeke executed a deed of conveyance Ex. “B 1” in his favour.

The defendant, on the other hand, produced evidence, mainly receipt, to show that he is in possession of the land in dispute and that he is indeed acknowledged by the Eletu Odibo Chieftaincy Family as their tenant. It is important to emphasize, at this stage, that the defendant claims no more than a leasehold interest in the land in dispute.