CHIEF KEHINDE ONADEHIN(GUNSENEMO) AND ORS V. J. S. SONUGA AND ANOR
August 9, 2025ALHADJA SABALEMOTU A. KAIYAOJA & ORS V. LASISI EGUNLA
August 9, 2025Legalpedia Citation: (1974-12) Legalpedia (SC) 53911
In the Supreme Court of Nigeria
Wed Dec 18, 1974
Suit Number: SC 336/1973
CORAM
TASLIM O. ELIAS, JUSTICE, SUPREME COURT
GEORGE S. SOWEMIMO, JUSTICE, SUPREME COURT
DANIEL O. IBEKWE, JUSTICE, SUPREME COURT
PARTIES
1. ABUDU LASISI
2. A.S. BELLO
APPELLANTS
1. OLADAPO TUBI
2. MARTINS ADEMILUYI
RESPONDENTS
AREA(S) OF LAW
LAND LAW – CUSTOMARY TENANTS-RESGISTRATION OF TITLES ACT
SUMMARY OF FACTS
The appellants were customary tenants of the Oloto chieftaincy family through whom the respondents claimed title to the land in dispute. The High Court awarded title and possession to the respondents on the basis of their registration of the land under the Titles Act.
HELD
The court held that the appellants were entitled to possession of the land in perpetuity as customary tenants.
ISSUES
Whether a purchaser of the radical title of the overlord, such as the plaintiffs are in this case, could successfully eject the overlords customary tenants, who had settled on the land before sale
RATIONES DECIDENDI
PURCHASE BY A THIRD PARTY OF A PROPERTY IN POSSESSION OF A CUSTOMARY TENANT
Whoever deludes himself into purchasing the overlords radical title will soon discover that he has to take the land as he finds it. Such purchaser might have acquired title, but never in the least, possession which, at all times, is reposed in the customary tenant until forfeited. Per Ibekwe J.S.C
TENURE OF A CUSTOMART TENANT
A customary tenant remains in possession in perpetuity, provided that he is of good behaviour. Per Ibekwe J.S.C
CASES CITED
1. Ashagbon v. Oduntan 12 NLR 7,
2. Ogbakumanwu & Ors. v. Chiabolo, 19 NLR 107
3. Ejeanalonye & Ors. v. Omabuike & Ors. (1974) 2 S.C. 33, at 39
4. Mohamoud Lababedi & anor. v. Lagos Metal Industries (Nig.) Ltd., (1973) 1 S.C. 1
STATUTES REFERRED TO
1. The Registration of Titles Act
