Odusoga V Ricketts (1997)

LAWGLOBAL HUB Lead Judgment Report

M. E. OGUNDARE, J.S.C 

The appellants are defendants in an action instituted by L.L. Ricketts now deceased. Ricketts claimed:

(i) a declaration that the plaintiff is the beneficial owner of the property situate lying and being at Thomas Drive and forming part of a larger area of land covered by a deed of conveyance registered as No.9 at page 9 in volume 1547 of the Lands Registry, Lagos and that the plaintiff is entitled to a certificate of occupancy of the same property (hereinafter called ‘the land in dispute);

(ii) N1,000.00 damages for trespass committed by the defendants, servants and agents on the said piece or parcel of land on or about the 29th day of April, 1980.

(iii) Perpetual injunction restraining the defendants, servants and/or agents from further acts of trespass on the land in dispute.”

The land in dispute is a portion of the land (4 plots) sold by the administrators of the estate of Babatunde Jemi-Alade deceased in 1965 to the plaintiff. Mr. Ricketts paid part of the purchase price to the vendors but failed to pay the balance. He went into possession and surveyed the land, (the entire 4 plots). He however developed only a part of it leaving the part now in dispute undeveloped. He built on the portion of the land developed by him but left the undeveloped part vacant. He bought the 4 plots of and for 950.00pounds (nine hundred and fifty pounds) but made a part payment of 700.00 (seven hundred pounds) for which he was given a receipt. This was in 1965. He did not pay the balance of the purchase price despite repeated demands from the vendors.

In 1971 one Mr. S.O. Adenuga went on the land in dispute. He was challenged by the plaintiff, Mr. Ricketts. Mr. Adenuga disclosed to Mr. Ricketts that he was supervising the building on the land on behalf of Madam Asimowu Odusoga the 1st defendant/appellant. The plaintiff sued Mr. Adenuga and Mrs. Ebun Bucknor the sole surviving administratrix of Jemi-Alade in suit No. LD/414/72 for damages for trespass. It was disclosed in the course of proceedings that Mrs. Ebun Bucknor had sold the land in dispute to the 1st defendant/appellant in the present proceedings following the failure of the plaintiff to pay the balance of the purchase price of the 4 plots of land sold to him in 1965. The plaintiff was non-suited in the action. Thereafter, he instituted the proceedings leading to this appeal against the above-named appellants claiming as herein-before mentioned.

Pleadings having been ordered, filed and exchanged the action proceeded to trial. At the conclusion of trial and after addresses by learned counsel for the parties, the learned trial judge (Hotonu J.) in a reserved judgment, found that the plaintiff was in possession of the land in dispute at the time that the defendants came on it to build. He also found that although the plaintiff paid a part of the purchase price in 1965 he did not pay the balance of the purchase price of the land sold to him, until 1976. He found also that the land in dispute was conveyed to the 1st defendant in April 1972 by Mrs. Ebun Bucknor the sole administratrix of the estate of Jemi-Alade family. The learned trial judge also found that the deed of conveyance executed in favour of the plaintiff in 1976 by Mrs. Ebun Bucknor after the plaintiff paid the balance of the purchase price was ineffective to pass the title to the land in dispute to the plaintiff in that by the earlier conveyance in 1972 in favour of the 1st defendant the estate of Jemi-Alade had divested itself of any title to the land in dispute that could be passed to the plaintiff. He finally found that the 1st defendant had better title to the land in dispute and consequently dismissed the plaintiff’s claims in toto.

Being dissatisfied, the plaintiff (Mr. Ricketts) appealed successfully to the Court of Appeal. That Court (Lagos Division) found as follows:

“(i) In law exhibit A is transaction of sale of the 4 plots from Jemi-Alade estate of which the document is a receipt that money had passed. The appellant was put into possession. It follows that under customary law the legal personal representatives of Jemi-Alade estate have transferred ownership to the appellant.”

(ii) “The execution of the deed of conveyance later in 1976 exhibit is a confirmation of the sale that has validly taken place under customary law as far back as 1965. It is up to administrator and administratrix of Jemi-Alade estate to sue for the balance of their money before exhibit B was executed.”

(iii) “Since they have sold in 1965 they have no more interest in the 4 plots or in the remaining two plots of land which is the subject matter of the dispute in this case. Their right was only to recover the balance of 250pounds.

The learned judge used delay and negligence to defeat the appellant’s title. Let me say right away that delay and ‘negligence do not come into play here because the sale of the land had already been effected and what is open to the appellant was to demand a deed of conveyance after he had paid the balance.”

(iv) “Such being the law as I understand it Exhibit G cannot validly convey anything to the respondent as it was not even given by persons entitled in law to execute an instrument that can pass title from Jemi-Alade’s estate.