Judgment
HABEEB ADEWALE OLUMUYIWA ABIRU, J.C.A. (Delivering the Leading Judgment): This appeal is against the judgment of the High Court of Ondo State, Ifon Judicial Division delivered in Suit No HIF/6/2008 by Honorable Justice S. A. Bola (as he then was) on the 11th of October, 2013. The first and second Respondents were the claimants in the lower Court and the third Respondent and the Appellant were the first and second defendants respectively. The relevant claims of the first and second Respondents were for: i.
A declaration that the residential building situate, lying and being at No 3 Sobe-Ijagba Road is family property and that the purported lease of the property unilaterally by the third Respondent to the Appellant is null and void and of no effect. ii. A declaration that the land wherein the residential building known as No 3 Sobe-Ijagba Road is family land and as such the purported lease of the land with the building therein by the third Respondent to the Appellant without the consent and authority of the first Respondent is null and void and of no effect. iii.
A declaration that the eventual demolition of the residential building situate, lying and being at No 3 Sobe-Ijagba Road, Ijangba Ondo State which was not part of the 20meters by 20meters by the Appellant’s agents without the consent and authority of the first Respondent is unlawful and illegal. iv. A declaration that the purported lease of a portion of the land wherein the residential building at No 3 Sobe-Ijagba Road, Ijangba Ondo State is situate by the third Respondent to the Appellant without the consent or authority of the first Respondent is null and void. v.
The sum of N25 Million as compensation to the first Respondent for the unlawful demolition of the residential building situate, lying and being at No 3 Sobe-Ijagba Road by the third Respondent and the Appellant without the consent of the first Respondent. vi.
The sum of N25 Million as compensation to the second Respondent and her siblings for the unlawful exhumation of the corpse of Ohamen Alonge, their mother, that was buried at No 3 Sobe-Ijagba Road, Ijangba Ondo State by the third Respondent and the Appellant. The case of the first and second Respondents on the pleadings was that the property in dispute belonged to one Dege Agbonkpolor and he begat four children, Ilesanmi Agbonkpolor, the third Respondent, Jimoh Agbonkpolor, the father of first Respondent, Ohamen Alonge (deceased), mother of the second Respondent, and Mrs. Dupe Tunde.
