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CaseLaw

Folarin V. Durojaiye (1988) CLR 2(g) (SC)

Judgement delivered on February 19th 1988

Brief

  • Sale of land
  • Customary land law
  • Possession and conveyance
  • Equitable interest in land

Facts

The facts are not in dispute at all. They are that P.W 2 Alhaji Karimu Olasupo Giwa sold the land in dispute under a power of attorney given to him by the Orowuyewuye family to Ramota Adeoye. There were no witnesses to the sale, no handing over of possession of the land in dispute to Ramtoa Adeoye. There was no conveyance of the land executed in favour of Ramota. Subsequently the plaintiff bought the land in dispute through Alhaji Karimu Olasupo Giwa P.W 2. It was Bello Adeoye the father of Ramtoa that paid for Ramtoa Adeoye, the price of the land and this was reflected in the statement of account prepared by p w 2. Apart from this, it does not appear that p w 2 gave receipt for the payment and none was tendered in court. After he Plaintiff bought the land, he obtained a conveyance Exhibit 1 executed in his favour by Ramtoa Adeoye. This was on the 7th of February, 1967. At this time, the power of attorney exhibits 10 and 11 executed in favour of P.W 2 had not been revoked by Orowuyewuye family. The P.W 2 did not join in the conveyance to the plaintiff, he only signed as a witness.

The 1st recital to the deed of conveyance Exhibit 1 is interesting, as it is a departure from the pleading and evidence. It reads:

  • “Whereas the Vendor in these presents is the absolute owner of the piece or parcel of land hereinafter more particularly described by virtue of a sale and conveyance to the said vendor on the 8th October, 1961 by Karimu Olasupo Giwa of 5 Adu Street, Lagos as attorney to Orowuyewuye family under and by virtue of a power of attorney dated 23rd November, 1960 registered as No. 5 at page 5 in volume 411 of Lands Registry in the Office at Ibadan…without executing a formal deed of conveyance”.

Ramota Adeoye never testified in the proceedings before the High Court. P.W2 in his testimony said:

  • “The Plaintiff bought plot 98 from Ramota Adeoye through me. She bought from Orowuyewuye family through me.”

Subsequently, Orowuyewuye family revoked the power of attorney given to P.W2. Thereafter, the family sold the land in dispute plot 98 to the Defendant/Respondent and proceeded to execute a deed of conveyance Exhibit 3 in favour of the Defendant on 15th November, 1975. This deed was later ratified by Exhibit 12, Deed of Ratification executed in favour of the Defendant on 12th September, 1975 P.W2 Alhaji Karimu Olasupo Giwa joined other members of Orowuyewuye family to execute Exhibit 12. When the Orowuyewuye family sold to the Defendant, the Mogaji and all the principal members of the family put him in possession and executed a deed of conveyance to him.

When P.W2 sold to Ramota Adeoye, he did not put her in possession. The question therefore is whether Ramota Adeoye acquired any interest in the land

Issues

  • 1.-->
    Whether a purchaser who has paid for an identifiable property, but has...
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