CHINWE EUGENIA IYIZOBA, J.C.A.(Delivering the Leading Judgment): This appeal is against the judgment of Abiru J. of the High court of Lagos State dated the 2nd day of February 2006 in suit No ID/328/85. The Appellant herein was the defendant in the suit whereas the Respondents were the plaintiffs.
Briefly, the case of the plaintiff as deduced from their amended statement of claim is that by virtue of an indenture of conveyance dated the 15th day of March, 1956 the Ikate Chieftaincy family sold and conveyed about 67 acres of land at Ikate to Chief Joseph A. Ajao for an Estate in fee simple and thereafter put him into exclusive possession thereof. The plaintiff averred that around 1961, Chief Joseph Ajao sold the land in dispute to their father, Fasasi Okunola Onanuga and immediately put him into possession but without executing any formal deed of conveyance. The executors and executrix of the will of the said Chief Joseph Ajao eventually by an indenture of conveyance dated the 22nd day…