ABIBATU FOLAMI & ORS V. FLORA COLE & ORS

BELGORE, JSC(Delivering the leading judgement): The appellants were the plaintiffs in the trial court of High Court of Lagos State. The suit they took to that court concerned a piece of land at Oja village, Oshodi district which area is now called Ilupeju. The land containing the plot now in question was acquired by one Madam Adisatu Aina and it was registered in the land registry, Ibadan (when that area was part of the defunct western Nigeria) as no.45 page 45 vol. 751 on 8th day of September, 1947. The land was laid out into plots in the approved layout plan no. CT/I44/A,B, and C. The plot referred to in the dispute leading to this appeal is Plot No.6. It is now called No.6 Ilaka Street, Ilupeju, Lagos, perhaps it was named after the 3rd respondent. The land was conveyed to Madam Adisatu Aina in fee simple free of all incumbrances.

In 1951, Adisatu Aina died and left five daughters, to wit, Flora Cole (1st respondent), who was the eldest of the children, Abibatu Folami (the first ap…