ALHAJI LAWANI ATOYEBI & ANOR V. THE GOVERNOR OF OYO STATE
July 9, 2025OTITOJU V. GOV. ONDO STATE
July 9, 2025Legalpedia Citation: (1994-05) Legalpedia 24936 (SC)
In the Supreme Court of Nigeria
Holden At Abuja
Fri May 6, 1994
Suit Number: SC 167/1988
CORAM
UWAIS JUSTICE, SUPREME COURT
O. OLATAWURA JUSTICE, SUPREME COURT
M.E. OGUNDARE JUSTICE, SUPREME COURT
S.U. ONO JUSTICE, SUPREME COURT
Y.O. ADIO JUSTICE, SUPREME COURT
PARTIES
ALHAJI A. ALIYU
APPELLANTS
DR. JOHN ADEWUNMI SODIPO
RESPONDENTS
AREA(S) OF LAW
DISPUTE ON LAND MATTER
SUMMARY OF FACTS
The plaintiff instituted an action claiming a declaration that the plaintiff is the owner in fee simple of all that piece or parcel of land, damages against the defendant for trespass committed on the land by the said defendant, his agents, servants and/or privies, and a perpetual injunction restraining the defendant, his agents servants and/or privies from committing further Acts of trespass on the land. The learned trial Judge in a considered judgment found in favor of the plaintiff and entered judgment for him in terms of his claims with costs. Being dissatisfied with this judgment, the defendant appealed unsuccessfully to the Court of Appeal. Being dissatisfied with the judgment of the Court of Appeal, he further appealed to the Supreme Court.
HELD
The appeal failed and was dismissed. The decisions of the lower courts were affirmed.
ISSUES
1. Whether Exhibits 2 and 8, the Deed of conveyance relied on by the plaintiff for his title, were rightly admitted.
2. If the deed was rightly admitted, what is the weight to be attached to it?
3. Whether plaintiff established enough acts of ownership to entitle him to judgment.
RATIONES DECIDENDI
PROVED ACTS OF OWNERSHIP IN THE ABSENCE OF EXECUTION BY A THIRD PARTY
CASES CITED
STATUTES REFERRED TO
