CaseLaw
Oshiyemi V. Akinte (1995) CLR 3 (D) (CA)
Brief
Facts
Appellant argued that the land in dispute was bought by him from Aduke Obidairo (P.W.2) in 1980 (in the sum of N9,300 as evidenced by Exh. 4) and he got a deed of lease which was registered the same year. PW 2 put him in possession and he commenced construction on the land which was situated at Diran Alake St.
In November 1979, the same land had been bought by respondent from PW 2 without full payment (having deposited N3,500 out of the expected N10,700) but a deed of lease was also registered at the land registry. Respondent had on various occasions stated disinterest in the land and requesting a refund. When the land was resold, PW 2 asked respondent to come for a refund but she never turned up.
Respondent however, stated that she paid N4000 to PW2's son and it was based on the receipt of this that a deed of lease and certificate of occupancy were acquired. But PW 2 argued that she never gave anyone authority to collect money nor any power of attorney.
Trial Judge dismissed appellants claims and found that pw2 sold to the appellant because the latter paid a larger amount than the respondent. Appellant went on appeal.