F.R.A. WILLIAMS VS DR. M.A. MAJEKODUNMI
September 4, 2025M.O. ODESANYA VS D.A. EWEDEMI
September 5, 2025Legalpedia Citation: (1962-05) Legalpedia 88179 (SC)
In the Supreme Court of Nigeria
Holden at Lagos
Mon May 28, 1962
Suit Number: SC 150/1961
CORAM
BRETT, JUSTICE SUPREME COURT
TAYLOR, JUSTICE SUPREME COURT
BAIRAMIAN, JUSTICE SUPREME COURT
PARTIES
L.B. AGUSTO
APPELLANTS
P.O. JOSHUA
RESPONDENTS
AREA(S) OF LAW
PROPERTY LAW—OWNER OF TITLE OF PROPERTY-POSSESSION OF TITLE—APPEAL
SUMMARY OF FACTS
The appellant/plaintiff instituted an action against the respondent/defendant in the Magistrates’ Court seeking possession of the property cum land in dispute and arrears of rent. Judgment was given in his favour. The defendant being dissatisfied appealed. The High Court confirmed the judgment but made an order that possession be given the defendant. It’s against this order the appellant has appealed.
HELD
The appeal succeeded and the judgment of the High Court was set aside and that of the Chief Magistrate restored
ISSUES
Whether the appellant is entitled to possession of the area reclaimed?
RATIONES DECIDENDI
WHETHER A TENANT CAN DISPUTE THE LANDLORD’S TITLE?
‘We should contravene the rule that a tenant is not to dispute the title of his landlord. The tenant would then have nothing to do, in order to bring the landlord’s right into question, but to part with the property to another person.’ Per Lord Denman, C.J
CASES CITED
Doe V Mills 2 Ad. and El. Reports 17 at page 18
Balls V Westwood, 2 Campbell 11, at page 12
STATUTES REFERRED TO
None.
