MR. ADENIJI AINA & ANOR V. MR. ADEGBOYE ARIYO & ANOR

MOHAMMED LAWAL GARBA, J.C.A. (Delivering the Leading Judgment): In suit No. ID/1433/2005, the Lagos State High Court entered judgment on the 24th of October, 2013 in favour of the Respondents and held that the counter claim by the Appellants failed in its entirety. The subject of the claim and counter claim was the property at No. 1A, Aina Close, Bariga, Apelehin, Lagos, the root of title to which was traced by the parties to Mr. J. G. Asefeso and/or Chief Alfred Olayiwola Dosunmu Ainnah. The Respondent's (claimants) case was that Mr. J.G. Asefeso sold the land in question to their mother on 6th of March, 1976 for himself and on behalf of his brother Mr. Aina and issued a purchase receipt which was put in evidence. The Appellants' case was that the land belonged to Chief Ainnah (Aina) and the receipt given by the Respondent's vendor did not show that he had the authority of Mr. Aina to sell the property. In addition, that the Respondents have admitted or acknowledge the 1st Appellant'…