AYODELE ILORI & ORS V. ALHAJA RISIKAT ISHOLA & ANOR

KUDIRAT MOTONMORI OLATOKUNBO KEKERE-EKUN, J.S.C. (Delivering the Leading Judgment): The appellants herein, being the children of one Festus Olanipekun Ilori (deceased), sued one Alhaji Sule Raji before the High Court of Lagos State, Ikeja Judicial Division, vide their writ of summons and statement of claim filed on 9/11/92 for various declaratory and injunctive reliefs challenging the purported assignment of their late father's property situate, lying and being at 12/14 Oludegun (formerly Olanipekun) Street, Isolo, Lagos, covered by certificate of occupancy No. 98 at page 98 in Volume 1981F of the Lands Registry at Lagos, to the said Sule Raji. The said Festus Olanipekun Ilori died intestate on 26th January, 1983.

According to the plaintiffs, before his death, he had constructed four buildings consisting of fourteen flats on the land. There was also an undeveloped portion of the land, which was being used as a car park. His intention was to live in one of the four flats with his family…