ADEMOLA ATOYEBI VS WILLIAM ODUDU
July 15, 2025GOVERNMENT OF ANAMBRA STATE V. DR. SAM OJI
July 15, 2025Legalpedia Citation: (1990-10) Legalpedia 82813 (SC)
In the Supreme Court of Nigeria
Holden at Lagos
Fri Oct 5, 1990
Suit Number: SC 169/1988
CORAM
ANDREWS OTUTU OBASEKI, JUSTICE SUPREME COURT
AUGUSTINE NNAMANI
ADOLPHUS GODWIN KARIBI-WHYTE
PHILIP NNAEMEKA
OLAJIDE ATAWURA
PARTIES
ALHAJA JURADAT ANIMASHAUN
APPELLANTS
G.A. OLOJO
RESPONDENTS
AREA(S) OF LAW
DECLARATION OF TITLE TO LAND – LAW OF EQUITY – CONSTRUCTIVE NOTICE
SUMMARY OF FACTS
The respondent purchased the land in dispute and was led into possession. A conveyance of the land was subsequently executed in favour of the appellant by the same vendors.
HELD
The court held that the respondent has equitable title in the land which cannot be defeated by the appellant’s legal title because he had notice that the respondent was in possession before purchasing the land.
ISSUES
Between the appellant and the respondent, who has better title to the land in dispute?
RATIONES DECIDENDI
STRENGTH OF CASE OF PLAINTIFF
‘When In a claim for declaration of title, the plaintiff can only succeed in obtaining the declaration from the court on the strength of his own case and not on the weakness of the defence’. Per Obaseki J.S.C
CASES CITED
Kodilinye v. Mbanefo Odu 2 W.A.C.A.336
Mogaji & Ors v. Cadbury Nig. Ltd. & Ors. (1985) N.S.C.C. (Vol. l6 Pt.l1)959;(1985)2 N.W.L.R.(Pt.7)393
Wortley v. Birkhead (1754)2 Ves Sen 571 at 574
Okafor v. Idigo III & Ors. (1984) N.S.C.C. (Vol.15)350; t1984J 1 S.C.N.L.R.481
STATUTES REFERRED TO
None.
