J.E.A. IYORLIAM VS THE STATE
August 13, 2025WILLIAMS AKANBI & ORS VS JOSEPH YAKUBU & ORS
August 13, 2025Legalpedia Citation: (1973) Legalpedia (SC) 81101
In the Supreme Court of Nigeria
Fri Dec 21, 1973
Suit Number: SC. 205/1973
CORAM
COKER, JUSTICE, SUPREME COURT
EMANUEL OBIOMA OGWUEGBU, JSC. JUSTICE, SUPREME COURT (Read the Leading Judgment)
IRIKEFE, JUSTICE, SUPREME COURT
PARTIES
ALHAJI A.W. ELIAS APPELLANTS
RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
The plaintiff claimed that that he and his predecessors in title had been in undisturbed and continuous possession and ownership of the property in dispute until the act of trespass by the defendants started. He therefore asked that he be granted declaration of title to the property.
HELD
The Supreme Court held that the plaintiff/appellant be granted declaration of title to the property and that the defendants/respondents be restrained from committing further acts of trespass on the said property
ISSUES
None
RATIONES DECIDENDI
CONVEYANCE OF FAMILY LAND USING NON-CUSTOMARY FORMALITIES
“In Nigeria, a conveyance of family land using non-customary formalities passes a fee simple which means in the context of Nigeria, absolute title or absolute ownership or a fee simple.” Per FATAYI-WILLIAMS, JSC
CASES CITED
Thomas v. Preston Holder (1946) 12 WACA 78
Alade v. Aborisade (1960) 5 FSC 167 at p. 174
STATUTES REFERRED TO
None
