S. Fatuade V. F. C. Onwoamanam (1990)

LawGlobal-Hub Lead Judgment Report

KAWU, J.S.C.

After reading the briefs of argument and hearing submissions of counsel in this appeal on the 16th day of January, 1990, I found the appeal completely devoid of merit, dismissed it, affirming the judgment of the Court of Appeal and reserved my reasons for the judgment till today. I now give my reasons.

The respondent in this appeal, as plaintiff instituted an action against the appellant in the High Court of Lagos State claiming as follows:-

“(1) Possession of the house situated, lying and known as 52A, Aiyetoro Street, Ajegunle which is the property of the plaintiff.

(2) The sum of N1,270.00 being special damages suffered by the plaintiff when the defendant without lawful authority collected rents on 11 rooms in the premises at N3.00 per month per room from January, 1968 – December, 1971.

(3) Injunction restraining the defendant from going on to the premises to collect rent.”

Pleadings were ordered, filed and exchanged. Briefly put, the plaintiffs case was that in 1956 a parcel of land was leased to her by the Ojora Chieftaincy family according to native law and custom for N600.00 with an annual rent of N2.50k. She was put into possession immediately after the transaction. She then commenced erecting a house on the land which building was completed in 1960.

The house had 11 rooms. She and her family occupied 2 of these rooms and the remaining rooms were let to tenants. It was also her case that at the outbreak of the national crisis in the country in 1967, she fled Lagos for the east, leaving her husband in charge of the house. It was, however, not long before the husband also found it necessary to flee Lagos and join her in the east.

Before the departure of her husband, he left one Sule Atanda in charge of the house whose whereabouts is unknown. At the end of the hostilities, she returned to Lagos and met new tenants in the house who refused to acknowledge her as the owner of the house. She was in fact told that the house belonged, not to her, but to a Yoruba man the defendant. When she eventually met the defendant, he claimed the house belonged to him.

The matter was reported to the police. The defendant was invited to the police station where he produced some documents which he claimed had transferred ownership of the house to him. As the police did not appear to be keen on prosecuting the defendant, the plaintiff instituted an action against him in Ajeromi Grade Customary Court.

However, the hearing of the case had not been completed in that court when the court ceased to have jurisdiction to try land cases. She was then told that her case had been discontinued and transferred to Lagos High Court on the order of the Chief Judge of Lagos State. As efforts to get her case listed for hearing in the High Court after the transfer proved unsuccessful, she was obliged to institute this action afresh in the High Court.

The defendant’s case was that in 1968 he bought the house from the plaintiffs husband called Stephen Nwamara for N1,000.00 through his brother, Jacob Nwamara pursuant to a letter of authority dated 7th June, 1967. It was his case that the house was the property of the plaintiffs husband and not that of the plaintiff.

At the trial, the plaintiff gave evidence and called four witnesses in support of her claim. The defendant also gave evidence but called no witness. At the end of the trial, the learned trial Judge reviewed the evidence adduced and in his judgment, concluded as follows:-

“It seems to me that the balance of probabilities weighs more in favour of the defendant than the plaintiff. The plaintiff has in my opinion failed to prove any title or that she is the lawful owner of the premises. From all the evidence adduced, it seems to me that the balance of probabilities is that the property belonged to the plaintiffs husband who arranged to dispose of it during the civil war crisis of 1966 to 1970, and before he left for the east.