No. 82 Docemo Street, Lagos is the property in dispute. It is the cynosure of the action. Both the appellant and the respondents claim ownership of the property. The appellant claims ownership of the property through his late father, Lawrence Ajayi Aina. The respondents also claim ownership of the property through their late father, Busari Olanrewaju Jinadu.

Busari Olanrewaju Jinadu was the original owner of the property in dispute. It was conveyed to him by virtue of a Deed of Conveyance dated 24th September 1951. It was duly registered as No. 35 at page 35, volume 902, Lagos. He had a fee simple interest. Jinadu needed money. It was N2, 000.00. He took the amount from the Mutual Aids Society on a mortgage. That was in 1952. The property in dispute was accepted as a security for the money. Things were not rosy with Jinadu, as he would expect. He was therefore unable to redeem the mortgaged property. He sought for other possible avenue. He approached one Mr. Raji Ajose for some help. That was in 1955. Ajose took him to one Mr. Lawrence Ajayi Aina. Aina gave a loan of N2, 000.00 to Jinadu to enable him redeem the mortgaged property. In return, Aina took possession of the property and collected rents. That has been since 1955. Jinadu was the father of the respondents.

Jinadu moved to Ghana to work, apparently to make money to repay Aina’s loan. I think that was in 1955 or thereabout. The 1st respondent visited his father. The father instructed him to return the loan of Aina via Ajose - the go-between. The 1st respondent followed the instructions of his father. He gave the amount to Ajose. It was N4, 000.00. Ajose promised the 1st respondent that he would hear from him in two weeks time. Ajose returned the amount to the 1st respondent with a sad story. Aina refused to surrender the property as well as the title documents. Both Jinadu and Aina, the main actors died in 1975. And so there was a stalemate.

In 1984, 1st respondent conducted a search at the Lagos Lands Registry and obtained certified true copies of the relevant documents. He claimed that the signature of his late father, Jinadu was forged in the Deed of Conveyance in which the property, according to the Amended Statement of Claim, was purportedly sold to Aina by his father. The Conveyance was alleged to have been witnessed by Ajose, who denied signing it. Ajose was charged to the Chief Magistrates’ Court, Yaba for forgery.

The appellant however averred that following the default of payment, which resulted in arrears, the Mutual Aids Society threatened to sell the property in dispute. Jinadu, Ajose and Aina discussed the matter. The result of the discussion was the sale of the property to Aina for the sum of N2, 000.00. The amount was paid over to the Mutual Aids Society and the title documents were released. The Society reconveyed the property to Jinadu. Jinadu in turn executed a transfer to the property to Aina. That was in the presence of Ajose. The appellant relied on the Deed of Conveyance dated 14th October 1955 and the Deed of Reconveyance dated 22nd October, 1955.

The learned trial Judge believed the story of the respondents who were the plaintiffs in the court below. He disbelieved the story of the appellant. He therefore gave judgment to the respondents substantially as per their claim.

Dissatisfied with the judgment, the appellant has appealed to the Court of Appeal.