CaseLaw
Shomefun V. Shade (1999) CLR 11(j) (CA)
Brief
Facts
One John Adebayo Harmona was the owner of a building at 24 Ereko Street Lagos He as the father of the present appellants and had commenced the suit against the respondents. He died after he filed the suit. The present appellants who were his children and administrators were substituted for him, the said J.A Harmona (deceased) granted leases of the building to Mr. Salim Nouyahid (now deceased) the lease was for a period of 30 years. The 2nd defendant is the son of Salim Nouyahid. In 1958 J.A. Harmona executed a power of attorney in favour of one Victor Aina Oshinkanlu (now deceased) to collect rents from tenants in the property J.A. Harmona for some inexplicable reasons also handed over to Oshinkanlu the title deed but which he acquire the property. Oshinkanlu deed in 1968 but had not returned to JA. Harmona the title deed Harmona's interest was registered under the Registration of title law.
It was pleaded by the plaintiffs that without the knowledge or prior consent of J.A. Harmona Oshinkanlu had in 1958 by a registered deed granted another lease for 40 years in respect of the same property to Salim Nouyahid when the original lease of 30 years granted by the same person by J.A. Harmona had not expired. The plaintiffs brought their claim accordingly.
It was pleaded by the plaintiffs that without the knowledge or prior consent of J.A. Harmona Oshinkanlu had in 1958 by a registered deed granted another lease for 40 years in respect of the same property to Salim Nouyahid when the original lease of 30 years granted by the same person by J.A. Harmona had not expired. The plaintiffs brought their claim accordingly.
The 1st defendant pleaded that J.A. Harmona handed the title deed of the property to Oshinkanlu pursuant to the sale of the property by Harmona to Oshinkanlu. it was further pleased that J.A. Harmona sold the property to Oshinkanlu in 1954 and confirmed the sale on 21-7-59 and 4-7-60. The 1st defendant pleaded that Oshinkanlu had been in possession of the property since 1954 and that if as the plaintiffs pleaded. J.A. Harmona had indeed executed a power of attorney to Oshinkanlu on 1958 the plaintiff's action would be statute barred by virtue of section 8(5) and 16(2) (a) of the Limitation Law of Lagos State.
The 2nd defendant agreed that his deceased father was initially a tenant to J.A. Harmona. However ion 1957, Oshinkanlu served a Notice to quit on Salim Nouyahi. Upon enquiries and production of documents. Salim Nouyahid attorney tenancy to Oshinkanlu. The said Salim Nouyahid remained a tenant to Oshinkanlu from 1958 until his death in 1968. The 2nd defendant became Oshinkanlu's tenant after his father' death and had remained thereon until 1976 when plaintiffs. Solicit or wrote to the 2nd defendant claim possession. The 2nd defendant contended that the plaintiffs were stopped from denying the sale of the property J.A. Harmona to Oshinkanlu in view of some document signed by Oshinkanlu. The 2nd defendant also relied on section 15(2) of the Limitations Law.
The trial court dismissed the appellants action ruling that the appellants were not competent to continue their father's action and that proprietary interest became vested in Oshinkanlu from 8th February 1954 with the effect that the appellants actions was statue-barred.
The appellants appealed to the Court of Appeal.