Facts
The appeal challenges the judgement of the Court of Appeal, Lagos Division, in Appeal No. CA/L/362/14 delivered on 30th March 2016 against the Appellant. The dispute centers on the validity of the title transfer of Flat 5 Block A 78, LSDPC Low-Cost Housing Estate, Dolphin, Anikantamo, Lagos, from the late Mr. Olayinka Aina to the late M.A. Julogbo. Believing the 1st Respondent, who is Mr. Olayinka Aina’s wife was frustrating the sale, Mr. Aina and Mr. Julogbo’s late father initiated Suit No. LD/3276/94 at the High Court of Lagos State, seeking a declaration that Mr. Aina was the legal and beneficial owner of the property, that the title transfer to Julogbo was valid, and that Julogbo was entitled to possession. The 1st Respondent also filed Suit No. LD/769/97, claiming a trustee relationship existed between Mr. Aina and herself, and that she is the beneficiary of the trust. She asserted that though the tile document of the property is in her husband’s name, she provided the funds for purchase of the property which was held in trust for her. She thereby sought to set aside the sale to M.A. Julogbo.
The cases were consolidated for trial. On 19th November 2004, the trial found that a trust relationship existed between the 1st Respondent and Mr. Olayinka Aina. The court, accordingly, set aside the sale. The Appellant’s late father and Mr. Aina appealed, but the Court of Appeal dismissed the appeal on 30th March 2016. Dissatisfied, the Appellant, on behalf of other beneficiaries of Mr. Julogbo’s estate, filed an appeal to the Supreme Court.
