Facts:

By a Writ of Summons and a Statement of Claim the Respondent (as Claimant) instituted an action against the Appellant (as Defendant), in the High Court of Lagos (trial Court), seeking for the following reliefs:

1. Possession of the 3 shops forcefully taken over by the defendant at No. 5B, Abbi Street, Mende Maryland, Lagos which the claimant’s husband bought for valuable consideration from the rightful owner.

2. A declaration that the defendant being a tenant in the property in dispute is estopped from claiming ownership of the same and is bound to render account fully to the claimant in respect of all the monies he has unlawfully collected in the shop’s premises and appurtenant.

3. An order compelling the defendant to pay over the sum of N352,500 being monies collected by the defendant on 3 shops at the rate of N2,500 per month per shop from September 2000 to August 2004 and mense profit at the rate of N7,500 per month for the 3 shops from September 2004 until judgment and thereafter at the same rate until he vacates the premises.

4. An order directing the official recovery of the High Court Ikeja to take over the collection of rent in the 3 shops illegally taken over by the defendant and the proceeds thereof to be paid into an interest yielding account pending the final determination of this suit and thereafter to be handed over to the successful party.

5. N100,000 being the cost of prosecuting this suit.

The Respondent (who was substituted for her deceased husband) ground for the relief is that the Appellant had at all material times been a tenant of his vendor, Chief Bilesanmi Olaiya before he purchased the land and that his tenancy was never in dispute. According to the Respondent, when he served the Appellant with Notice to quit the one shop he was occupying, the Appellant, in a letter to the Respondent’s Solicitor, wrote that he rebuilt the shop with an understanding to recoup his expenses over a period of three years and as such instead of yielding possession, he started laying claim to the ownership of the land.

The appellant in reaction to the Respondent’s claim, filed a Statement of Defence, and also a Counterclaim seeking for the following reliefs:

1. A declaration that the Claimant is the person entitled to the statutory right of occupancy of the property situate at No. 5B Abbi Street, Mende Maryland, Lagos, measuring 20ft by 30ft.

2. A declaration that the Claimant is the person entitled to possession of the land measuring 20ft by 30 feet at No. 5B, Abbi Street, Mende, Maryland, Lagos and having bought the land, by the virtue of the purchase receipt issued by the Kuyashi Awushe family dated 26th day of August, 2001 and Deed of Assignment executed in his favour dated 12th day of September, 2001.

3. A perpetual injunction restraining the Defendant, her agents, servants or privies from trespassing on the property known and described as No. 5B, Abbi Street, Mende, Maryland, Lagos.

The Appellant on the other hand claimed that he was initially a tenant of one Pa Amodu and Chief Bilesanmi Olaiya in respect of two kiosks on the property in dispute, and that he became a tenant on this land in 1976, wherein he was paying a monthly rent of N3.00 (Three Naira) per month to the said Pa Amodu and Mr. Bilesanmi Olaiya. However, there was a directive by the then Government of Lagos state in 1984 that all kiosks in Lagos State should be removed and the space occupied by these kiosks should be converted to permanent structures, of which the Appellant got the permission of Pa Amodu and Chief Bilesanmi Olaiya to erect a building on the parcel of land, with an understanding that the expenses incurred in erecting the building shall be converted to rents.

The Appellant believed that by dealing with Chief Bilesanmi Olaiya he had a valid title over the land in dispute, but as events would unfold, it was realised that the Kuyashi Awushe family who were the ancestral owners of the entire land at Mende, Maryland and Onigbogbo among others stated that they did not sell the land in dispute to Chief Bilesanmi Olaiya. Thus the Appellant thought it tidier to accept the offer made by the Kuyashi Awushe family of Onigbogbo to purchase the land, and on 26th August, 2001, the Appellant bought the land from the Kuyashi Awushe family and was issued with the family purchase receipt and a Deed of Assignment was executed between the Appellant and the Kuyashi Awushe family.

However, unknown to the Appellant, Chief Bilesanmi Olaiya who claimed to buy the land in dispute from Onigbogbo Villager’s Council in 1972, had purportedly sold the land to one Mr. Ihuoma Nnaji (the Respondent’s late husband) sometime in May, 2001, and this was the cause of the dispute as to the rightful owner of the land.

Upon the conclusion of the trial, the trial Court delivered judgement against the Appellant, in favour of the Respondent.

Dissatisfied by the judgement of the trial Court, the Appellant appealed to the Court of Appeal.