ALHAJI NUHU AYINLA V. MR. BOBSON EMMANUEL AKINNULI & ANOR

HELEN MORONKEJI OGUNWUMIJU, J.C.A. (Delivering the Leading Judgment): This is an appeal against the judgment of the High Court of Lagos State presided over by Abiru J. delivered on the 9th May 2005. The Appellant as 1st Defendant at the trial court appealed against the judgment. This is a sister appeal to the one filed as CA/L/288/06. The facts that led to this appeal are as follows:

Both the Appellant and 1st Respondent traced origin of their titles to a common grantor - the 2nd Respondent. The property subject matter of this action is a row of fourteen (14) shops at plot 210, Lagos Badagry Expressway.

The case of the Appellant on the pleadings and evidence is that, he was originally a tenant in the block of shops owned by the 2nd Respondent. He had been a tenant since 1993. However, in 1997, he purchased the shops from the 2nd Respondent. He was issued with a purchase receipt and a Deed of Assignment was executed in his favour. The purchase receipt and Deed of Assignment both made i…