OSUJI OKORO OFORKIRE V JOHN MADUIKE & ORS
June 17, 2025ALHAJI ARAFAT AKIBU & ORS V SHEDRIFATU AZEEZ
June 17, 2025Legalpedia Citation: (2003) Legalpedia (SC) 41111
In the Supreme Court of Nigeria
Fri Jan 31, 2003
Suit Number: SC 65/1997
CORAM
M. L. UWAIS
I. L. KUTIGI
CHRISTOPHER MITCHEL CHUKWUMA-ENEH JUSTICE SUPREME COURT.
A. I. KATSINA-ALU
M. E. OGUNDARE
PARTIES
ARAFAT AKIBU ALHAJISURAJUDEEN AKIBU ALHAJIALHAJI SURAJUDEEN YINUSA DAVIES (Substituted for Alhaji Abdul Razaq Laguda (deceased)ALHAJA M. A. AKIBU APPELLANTS
RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
The appellant was in possession of the land in dispute between 1959 and 1978 before the respondents challenged his title.
HELD
The court held that the plaintiff’s title had by operation of law be extinguished and whilst knowledge of the adverse possession of another is essential to the success of the equitable defences of laches and acquiescence, it is immaterial under the limitation law.
ISSUES
Whether the lower Court was not wrong in holding that for the appellants to successfully rely on the defence under the Limitation Law, laches and acquiescence, their open possession must be something of which the adverse parties were aware of?
RATIONES DECIDENDI
KNOWLEDGE OF THE PLAINTIFF IS IMMATERIAL FOR THE APPLICATION OF LIMITATION LAW
Under the Limitation Law, the right to land is extinguished, in the absence of fraud, after discontinuance of possession for the period enacted in the law, although the owner so discontinuing possession was unaware that adverse possession had been taken- per Ogundare J.S.C
CASES CITED
ALHAJI ARAFAT AKIBU & ORS VS SHEDRIFATU AZEEZ Alhaji A.W. Odekilekun V. Mrs. Comfort O. Hassan & Anor. (1997) 12 NWLR 56 Eboigbe V. The Nigerian National Petroleum Corporation (1994) 5 NWLR (Pt. 347) 649 Musa Maji V. Malam Shehu Shafi (1965) NMLR page 33 pages 36-37 Odekilekun V. Hassan (1997) 12 NWLR 56 Odubeko V. Fowler (1993) 7 NWLR (Pt. 308) 637 Rains V. Buxton (1880) 14 Ch.D. 537 Sosan & Ors. V. Odemuyiwa (1986) 3 NWLR (Part 27) page 241 Willis’s Cayton Bay Holiday Camp Limited V. Shell Mex and BP Limited 1974 3 A.E.R. 575
STATUTES REFERRED TO
Limitation Law of Lagos State Cap 70 Laws of Lagos State 1973
