ADEMOLA KOLADE MOSUDI KOLADE JAIYEOLA RAPHAEL SEGUN LANA V. ALHAJI ABIOLA OGUNDOKUN

ONNOGHEN CJN (DELIVERING THE LEADING JUDGMENT): This is an appeal against the judgment of the Court of Appeal holden at Ibadan in appeal No. CA/1/199/98 delivered on 15 December 2005, in which the court allowed the appeal of the present respondent against the judgment of the High Court of Osun State holden at Osogbo in suit No. HOS/5/94 delivered on 28 February 1996 in favour of the plaintiffs therein, now appellants before this court.

The respondent, who was the tenant of late Yusuf Olawoyin Kolade entered into a tenancy agreement with the deceased in relation to the deceased’s property situate and lying at No. 60 Alekuwodo Street, Osogbo as evidenced in exhibit P(1). Barely six months after entering into the agreement, Yusuf Olawoyin Kolade died intestate. The 1st and 2nd appellants are the children of the deceased who appointed the third and 4th appellants as estate agents to manage the estate of the deceased landlord. Whereas appellants averred that the tenancy was for a year cert…