JANE ALATEDE VS JOSEPH JEJE FALODE AND ANOR
September 2, 2025ALHAJI MUSTAFA ALI VS MRS. A. A ALLEN
September 2, 2025Legalpedia Citation: (2022-03) Legalpedia 31885 (SC)
In the Supreme Court of Nigeria
Holden At Abuja
Fri May 6, 1966
Suit Number: SC 218/1964
CORAM
BAIRAMIAN CHIEF JUSTICE, SUPREME COURT
ONYEAMA JUSTICE, SUPREME COURT
AJEGBO JUSTICE, SUPREME COURT
PARTIES
NURU WILLIAMS AND ORS
APPELLANTS
ADAMO AKINWUNMI AND ORS
RESPONDENTS
AREA(S) OF LAW
Land law-Possession-Evidence-presumption
SUMMARY OF FACTS
The plaintiffs’ claim for the delivery of possession of an area of land and mesne profits was dismissed by Ekeruche J., sitting at lkeja on II April, 1962, and they have appealed.
HELD
ALASAN BABATUNDE, AJAGUNNA II OLUKARE OF IKARE VS GOVERNOR, WESTERN REGION 1960 FSC 207/1959 [1960] NSCC 41
The Plaintiffs can rely on the recital in the conveyance of 1927 as making that conveyance a good and sound root of title to the land in their late father.
ISSUES
Whether the Trial court was right when it held that the Plaintiff can not rely on the evidence of the recitals?
RATIONES DECIDENDI
PRESUMPTION OF ACCURACY
‘Recitals, statements, and descriptions of facts, matters, and parties contained in deeds, instruments, Acts of Parliament, or statutory declarations, twenty years old at the date of the contract, shall, unless and except so far as they may be proved to be inaccurate, be taken to be sufficient evidence of the truth of such facts, matters and descriptions’- Per Bairamian, J.S.C
The probative value of the old deed is wholly independent of any subsequent contract or conveyance..-Per Bairamian, J.S.C.
CASES CITED
Maurice Goualin Limited and another v. WahahiAtandaAminu, decided on 24th July,’ 1958
STATUTES REFERRED TO
AVendor and PurchaserAct, 1874
The evidence ActLASAN BABATUNDE, AJAGUNNA II OLUKARE OF IKARE VS GOVERNOR, WESTERN REGION 1960 FSC 207/1959 [1960] Vendor and PurchaserAct, 1874
The evid
nce Act
