OGBUINYA, J.C.A. (Delivering the Leading Judgment): This appeal is an offspring of the decision of the High Court of Lagos State, holden in Lagos (hereinafter addressed as “the lower court”), coram judice: B.A. Oke-Lawal, J., in Suit No. LD/2722/2002, delivered on 14th October, 2009. Before the lower court, the appellants and the respondents were the claimants and the defendants respectively.
The facts of the case, which transmuted into the appeal, are amenable to brevity and simplicity. The appellants are the surviving children of one Madam Sabalemotu Ayinke who died on 21st July, 1997 in Lagos. Late Madam Sabalemotu Ayinke became seised/possessed of the property in dispute, situate and known as No. 37 Palm Church Street, Lagos, by a Land Certificate Title No.LO 1934 which was registered on 6th April, 1951. In 1951, the Lagos State Government acquired the property under the scheme for the re-development of Central Lagos. In 1993, the Lagos State Government announced its decision to re…