OBA ADEYINKA OYEKAN VS B.P. NIGERIA LTD
August 26, 2025DANIEL OBI & ORS VS THE STATE
August 26, 2025Legalpedia Citation: (1972) Legalpedia (SC) 61310
In the Supreme Court of Nigeria
Fri Jan 28, 1972
Suit Number: SC.341/69
CORAM
COKER JUSTICE, SUPREME COURT
UDOMA JUSTICE, SUPREME COURT
FATAYI-WILLIAMS JUSTICE, SUPREME COURT
PARTIES
MRS. S.A. KAREEMMRS. S.A. ALAFIAMR. BAYO VAUGHAN (the beneficiaries of the late Madam Nimota Ajike) APPELLANTS
RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
The appellants were the plaintiffs in this action instituted in the High Court, Lagos against the defendant and claims for injunction and damages etc
HELD
That when the action was commenced against them, the defendants had no title derived from the Oloto Family and to that extent their title as well was defective.
ISSUES
Whether the Court can grant the rectification of the Register of Titles asked for in favour of the Plaintiff?
Whether the learned Trial Judge was right when he held that the Plaintiff failed to prove the native law and custom?
RATIONES DECIDENDI
PROOF OF CUSTOMARY LAW
A custom or customary law could be proved or sustained if it is shown by facts given in evidence or judicially noticed. – Per George B. A. Coker
DUTY OF TRIAL COURT IN ASSESSMENT OF DAMAGES
In cases involving the assessment of damages, it is the duty of a trial court or tribunal to assess the damages proved and payable even if that court had decided that the entitlement of the claimant thereto had not been proved. – Per George B. A. Coker
CASES CITED
Alhaji Fasasi Adesheye v J.C. Shiwoniku (1952) 14 WACA 86
Catherine Mary Sogunre Davies vDisu Sogunre & Ors. (1929) 9 NLR 79
Caulerick v Elizabeth Harding & Anor. (1926) 7 NLR 48
Chief Oloto v Dawuda & Ors. (1904) 1 NLR 57)
Coker v Animashaun (1960) LLR 71
Ebun Ogunmefun v Oluremi Ogunmefun & Ors. (1931) 10 NLR 82
Lewis v Bankole (1908) 1 NLR 81
Miller Bros. v. Abudu Ayeni, etc. (1924) 5 NLR 42
STATUTES REFERRED TO
The Registration of Titles Act, Cap. 181
