Facts
The Respondents’ late father purchased the land in question on 30/9/1936 from the Lagos Building Society Limited, at a public auction. A Deed of Conveyance was executed in favour of their father in this regard, and the land was registered as No. 18 at page 18 in Volume 455 of the Lands Registry, Lagos. The land initially belonged to one Josiah Adewumi Daniel who purchased it on 20/1/1912, whose title was registered as No.92 at page 342 in Volume 74 of the Register of Deeds kept in the Lands Registry, Lagos. The said Josiah Adewumi Daniel took a loan from Lagos Building Society Limited and used his land as security for the loan. Consequent upon his failure to repay the loan, the Mortgagee in exercise of its power of sale put up the land for sale and the Respondents’ father emerged the highest bidder. The land was thus sold to him for the sum of £165.
Before the Respondents’ father died in 1960, he had two buildings on the land. He resided in the building at the back with his family, while the one in front was let out to the father of the 1st to 5th Appellant, one Mr. Samuel Abolarin Adeniran. The Respondents’ uncle, Alhaji Busari Ayinde, was collecting rent on behalf of the family until he died in 1978; then Mr. Gbolahan Alamu Adio, the eldest son of the Respondents’ father took over the rent collection until he also died in 2003. Subsequently, Alhaja Iyabo Adio, the Respondents’ eldest sister took over collection of the rent until she died in 2005. Thereafter, the 1st to 5th Appellant refused to pay their rent. In a turn of events, the Appellants demolished the house on the land on 9/11/ 2008 and began to erect an illegal structure thereon claiming a portion of the land belonged to them. This act of trespass led to the suit between the parties with the Respondents suing the Appellants at the trial court, seeking declaration of to the land as well as injunctive reliefs, monetary reliefs and possessory rights.
