CaseLaw
Okelola V. Adeleke (1999) CLR 1(I) (CA)
Brief
Facts
It is as a result of this that the appellant filed an action against Bolaji Adeleke who was a tenant in the premises but the case could not proceed to trial as the case before the magistrate involved issue of title.
It is as a result of this that the appellant filed an action against Bolaji Adeleke who was a tenant in the premises but the case could not proceed to trial as the case before the magistrate involved issue of title.
The appellant thereupon filed the present action in the High court against the respondent claiming the reliefs set out above.
The respondent's case is that she is the daughter of Bolaji Adegbite and not Bolaji Adeleke, that the original owner of the land in dispute was late Dada Adegbite who had three children: Seliat Adegbite, Christianah Ejide Adegbite and Bolaji Adegbite who inherited the property after the death of Dada Adegbite, that after the death of Seliat, that Christianah Ejide and her father Bolaji Adegbite went to Lagos State Land Registry to change the name Dada Adegbite to Christianah Adegbite and Bolaji Adegbite as per Exhibits D1 & D2. That Christianah Ejide died after Exhibits D1 & D2 were made. Exhibit D3 is her death certificate. Further that her father obtained the letters of administration to the estate, Exhibit D4.
At the trial, the appellant testified and called one witness P.W.2, a legal practitioner who testified in support of her case. She also tendered Exhibit P2, the power of attorney, Exhibit P3, the will of Christianah Ejide, Exhibit P4, the probate and the statutory notices and other documents.
The learned trial Judge found that there was evidence (from the plaintiffs) that there were other children and grandchildren of Chief T. K. Dada who were not mentioned in Exhibit A. He therefore found that those other children and grandchildren acquired no interest in the land granted. The learned trial Judge observed that there was no averment in the statement of claim that the Aige family ever granted or allotted the land in dispute delineated on Exhibit A to Chief T.A. Dada.
The respondent in her evidence stated that the original owner of No. 12 Patey Street, Ebute-Metta was Dada Adegbite who is now dead, that he had three children namely (i) Seliat Adegbite, (ii) Christianah Ejide Adegbite and (iii) Bolaji Adegbite who are all now dead. She said that Bolaji Adegbite was her father and that in 1976 that christianah and her father went to Lagos Land registry and changed the name Dada Adegbite to Christianah Adegbite and Bolaji Adegbite.
The trial court dismissed the appellant's claims and she appealed.
Issues
Whether on the pleading and the evidence adduced at the trial court, the...