CORAM

BODE RHODES -VIVOUR     JUSTICE, SUPREME COURT

OLAJIDE OLATAWURA., JUSTICE, SUPREME COURT

ABUBAKAR BASHIR WALL JUSTICE, SUPREME COURT

U.A. KALGO

PARTIES

MR. EMMANUEL A. ADENIRAN APPELLANTS

MR. EMMANUEL ALAO TOSIL HOLDING LIMITED RESPONDENTS

AREA(S) OF LAW

SUMMARY OF FACTS

The Appellant as plaintiff at the trial Court sued inter alia for a declaration of title to a statutory right of occupancy to a parcel of land at Plot No. 53 Opebi Road, Onigbagbo village, Ikeja, Lagos. Lost at the Lower Courts thus this Appeal.

HELD

The Supreme Court held that the lower court improperly evaluated evidence led by the Appellant resulting in perverse judgment. Thus, entered a declaration that the Appellant is entitled to a Statutory right of occupancy of the said piece of land.

ISSUES

The Court adopted issues as formulated by the Appellant in this appeal thus: Whether under the facts and circumstances of this case where parties are agreed that no issue was joined on due execution of Exhibit 1, the Learned Justices of the Court of Appeal were right to have affirmed the decision of the trial court that the appellant ought to prove the due execution of Exhibit 1 and or failed to prove same. Whether the appellant established his claim of being entitled to the grant of statutory right of occupancy to the land in dispute, trespass and injunction as against the respondents. Whether under the facts and circumstances of this case, the court of Appeal rightly held that the equitable defences of estoppel, laches and acquiescent availed the respondents.

RATIONES DECIDENDI

CASES CITED

1. AFRICAN CONTINENTAL SEAWAYS LTD V. NIGERIAN DREDGING ROADS & GENERAL WORKS LTD (1977) 5 SC 235 AT 250|2. Idundun V. Okumagba (1976) 9-10 SC. 227|3. ALIYU V. SODIPO (1994) 5 NWLR (PT. 342) 1|4. WUTA OFEI V. DANQUAH (1961) 3 AUER 596|5. ALATISHE V. SANYAOLU (1964) 1 ALL NLR (PT. 1) 398|6. MOGAGI V. CADBURY LTD. (1972) 2 SC 97|7. LADIPO V. AGANI (1997) 8 NWLR (PT. 517) 356

STATUTES REFERRED TO

None.|

CLICK HERE TO READ FULL JUDGMENT