MICHAEL AFOLAJIMI JOLUGBO (SUING ON BEHALF OF HIMSELF AND OTHER BENEFICIARIES TO THE ESTATE OF M.A JULOGBO) V. MRS. O. A AINA & LAGOS STATE DEVELOPMENT AND PROPERTY CORPORATION (L.S. D.P.C)

JAMILU YAMMAMA TUKUR, JSC (Delivering the Leading Judgment): This is an appeal against the judgment of the Court of Appeal, Logos Judicial Division in Appeal No. CA/L/362/14 delivered on 30th March 2016, against the Appellant.

The facts that culminated in this appeal arose from a dispute as to the validity of transfer of title over property known as Flat 5 Block A 78, LSDPC Low-cost Housing Estate, Dolphin, Anikantamo, Logos by the late Mr. Olayinka Aina to the late M.A. Julogbo. Acting on the belief that the 1st Respondent was frustrating the sale, the late Mr. Aina as Co-Claimant with the late Father of the Appellant- M.A. Julogbo, instituted an action before the High Court of Lagos State in Suit No. LD/3276/94, seeking reliefs to the effect that the late Mr. 0layinka Aina was the beneficial owner of the property, had validly transferred same to M.A. Julogbo and that the Transferee is entitled to possession of the property. While the 1st Respondent herein instituted an action over th…