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M. A. JOLUGBO & ANOR v. MRS O. A. AINA & ANOR

(2016) JELR 36938 (CA)

Court of Appeal  •  CA/L/362/14  •  30 Mar 2016  •  Nigeria

Coram
AMINA ADAMU AUGIE JCA; CHINWE EUGENIA IYIZOBA JCA; ABIMBOLA OSARUGUE OBASEKI-ADEJUMO JCA;

Judgement

AMINA ADAMU AUGIE, J.C.A. (Delivering the Leading Judgment): The consolidated action that culminated in this Appeal started as a simple case of recovery of possession, and snowballed into a tug of war between a married but estranged couple as to who owned the property - a three bedroom flat at Flat 5, Block A78, Phase 4, LSDPC Low Cost Housing Estate, Anikantamo, Lagos. The husband, the 2nd Appellant, moved out of the matrimonial home in 1990, and sold the property to the 1st Appellant in 1991. The 1st Appellant perfected his title and was recognized by the 2nd Respondent [LSDPC] as the new owner.

The wife, who is the 1st Respondent, let the property to one Mr. Ferreira, and collected 4 years rent from him after she moved out of the house in 1990. He was in possession when the sale between the two Appellants was effected. It was an attempt to gain vacant possession from the said Mr. Ferreira that led to Suit NO.LD/3275/94 filed by the 1st Appellant at the Lagos State High Court wherein…

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