DR GABRIEL CHIDUME AZIE VS THE STATE
August 15, 2025ALHAJI Y.A.O. BELLO VS THE DIOCESAN SYNOD OF LAGOS & ORS
August 15, 2025Legalpedia Citation: (1973) Legalpedia (SC) 38712
In the Supreme Court of Nigeria
Fri Mar 23, 1973
Suit Number: SC. 22/1971
CORAM
A.G KARIBI-WHYTE – JUSTICE, SUPREME COURT
BELLO, JUSTICE, SUPREME COURT
BABALAKIN,JUSTICE, SUPREME COURT
PARTIES
ABUDU KEHINDE APPELLANTS
RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
The respondent bought the land in dispute from the head of the family and had been in possession long before the appellant claimed to have bought the land from the same family. There was no evidence that the sale to the respondent was set aside by the family.
HELD
The court dismissed the appeals appeal and held that a sale by the head of the family is only voidable until set aside.
ISSUES
Whether the learned trial judge was right in holding that the respondent had title to the land in dispute.
RATIONES DECIDENDI
HOW A PLAINTIFF MAY PROVE DECLARATION OF TILE TO LAND
when a plaintiff sues for a declaration of title to land, he may rely either on a grant under conveyance or otherwise, or on the exercise of acts of ownership numerous and positive enough to warrant the inference that he is such owner, in accordance with the rule in Ekpo v. Ita (1932) 11 NLR 68- Elias CJN
CASES CITED
ALASAN BABATUNDE, AJAGUNNA II OLUKARE OF IKARE VS GOVERNOR, WESTERN REGION 1960 FSC 207/1959 [1960] NSCC 41
Ekpo v. Ita (1932) 11 NLR 68
Akano & Anor. v. Yisau Ajuwon (1967) NMLR 7
Ekpendu v. Erika (1959) 4 FSC 79
STATUTES REFERRED TO
