The Supreme Court has dismissed an appeal challenging the ownership of a property in Lagos, ruling that a woman who financed the purchase of the house through her late husband is the rightful owner under the principle of implied trust.
In the case of Jolugbo v. Aina, reported as (2026) 1 NWLR (Pt. 2025) 287, the apex court unanimously upheld the concurrent decisions of the trial court and the Court of Appeal, which granted title over the disputed property to the 1st respondent.
The dispute centred on a property identified as Flat 5, Block A, 78 LSDPC Low-Cost Housing Estate, Dolphin, Anikantamo, Lagos.
According to court records, the 1st respondent had advanced various sums of money to her husband, late Mr Olayinka Aina, to purchase the property on her behalf. However, the husband later transferred the title to Mr M. A. Jolugbo, the father of the appellant.
Following the transfer, the woman resisted the sale, prompting litigation at the High Court of Lagos State. The late Jolugbo and Aina had filed the initial action claiming that Aina was the beneficial owner and had validly transferred the property to Jolugbo, who was entitled to possession.
In response, the 1st respondent filed a statement of defence and counter-claim, insisting that the circumstances surrounding the purchase created a trustee relationship between her and her husband. She also instituted a separate action seeking to set aside the sale and obtain ownership of the property.
Both suits were later consolidated and tried together. The trial court ruled in favour of the 1st respondent, holding that the evidence established a trust relationship and that she was the true owner of the property. It subsequently set aside the sale made by her husband.
Dissatisfied with the ruling, the claimants appealed, but the Court of Appeal affirmed the judgment and dismissed the appeal.
The appellant then approached the Supreme Court, challenging the decisions on two main grounds, including whether the signing of the 1st respondent’s processes by a law firm rendered them incompetent and whether the courts were right to grant her title based on implied trust.
In dismissing the appeal, the Supreme Court held that the facts of the case clearly supported the existence of an implied trust between the woman and her late husband.
The court explained that trusteeship arises where a person named as the legal owner of property is not the true beneficiary, but merely holds the property on behalf of another whose interests must be protected.
The justices noted that an implied trust can be inferred from the circumstances surrounding a property purchase, particularly where the person who provided the money is different from the person whose name appears on the title documents.
Applying these principles, the court held that although the husband’s name appeared on the title documents, the evidence showed that the 1st respondent financed the purchase and was therefore the beneficial owner.
The appellant had also argued that the 1st respondent’s statement of defence and counter-claim were incompetent because they were signed in the name of a law firm rather than a legal practitioner.
However, the Supreme Court ruled that the argument could not invalidate the proceedings since the appellant had participated fully in the trial without raising any objection at the trial court or the Court of Appeal.
The court further noted that the suits were consolidated and that the originating processes in the related action were properly signed by a legal practitioner.
The apex court emphasised that it would not disturb concurrent findings of fact by the trial court and the Court of Appeal where there were no compelling reasons to do so.
Consequently, the appeal was dismissed, affirming the decision that the 1st respondent is the rightful owner of the disputed property.
Oladele Ojogbede, Esq., represented the appellant, while M. A. Aribisala, Esq., appeared for the 1st respondent. Olugbenga Ajala, Esq., represented the 2nd respondent.
The case summary was researched and edited by Godspower Eroga, Esq., on February 24, 2026.
