ALHAJI LASISI SALISU VS ALHAJI ABBAS MOBOLAJI

CORAM

NWALI SYLVESTER NGWUTA

SULEIMAN GALADIMA

NWALI SYLVESTER NGWUTA

SULEIMAN GALADIMA

NWALI SYLVESTER NGWUTA

SULEIMAN GALADIMA

NWALI SYLVESTER NGWUTA

SULEIMAN GALADIMA

NWALI SYLVESTER NGWUTA

SULEIMAN GALADIMA

NWALI SYLVESTER NGWUTA

SULEIMAN GALADIMA

NWALI SYLVESTER NGWUTA

SULEIMAN GALADIMA

NWALI SYLVESTER NGWUTA

SULEIMAN GALADIMA

NWALI SYLVESTER NGWUTA

SULEIMAN GALADIMA

NWALI SYLVESTER NGWUTA

SULEIMAN GALADIMA

NWALI SYLVESTER NGWUTA

SULEIMAN GALADIMA

NWALI SYLVESTER NGWUTA

SULEIMAN GALADIMA

NWALI SYLVESTER NGWUTA

SULEIMAN GALADIMA

NWALI SYLVESTER NGWUTA

SULEIMAN GALADIMA

NWALI SYLVESTER NGWUTA

SULEIMAN GALADIMA

NWALI SYLVESTER NGWUTA

SULEIMAN GALADIMA

NWALI SYLVESTER NGWUTA

SULEIMAN GALADIMA

NWALI SYLVESTER NGWUTA

SULEIMAN GALADIMA

NWALI SYLVESTER NGWUTA

SULEIMAN GALADIMA

NWALI SYLVESTER NGWUTA

SULEIMAN GALADIMA

NWALI SYLVESTER NGWUTA

SULEIMAN GALADIMA

NWALI SYLVESTER NGWUTA

SULEIMAN GALADIMA

NWALI SYLVESTER NGWUTA

SULEIMAN GALADIMA

NWALI SYLVESTER NGWUTA

SULEIMAN GALADIMA

NWALI SYLVESTER NGWUTA

SULEIMAN GALADIMA

NWALI SYLVESTER NGWUTA

SULEIMAN GALADIMA

NWALI SYLVESTER NGWUTA

SULEIMAN GALADIMA

NWALI SYLVESTER NGWUTA

SULEIMAN GALADIMA

NWALI SYLVESTER NGWUTA

SULEIMAN GALADIMA

NWALI SYLVESTER NGWUTA

SULEIMAN GALADIMA

NWALI SYLVESTER NGWUTA

SULEIMAN GALADIMA

NWALI SYLVESTER NGWUTA

SULEIMAN GALADIMA

NWALI SYLVESTER NGWUTA

SULEIMAN GALADIMA

NWALI SYLVESTER NGWUTA

SULEIMAN GALADIMA

NWALI SYLVESTER NGWUTA

SULEIMAN GALADIMA

NWALI SYLVESTER NGWUTA

SULEIMAN GALADIMA

NWALI SYLVESTER NGWUTA

SULEIMAN GALADIMA

NWALI SYLVESTER NGWUTA

SULEIMAN GALADIMA

NWALI SYLVESTER NGWUTA

SULEIMAN GALADIMA

NWALI SYLVESTER NGWUTA

SULEIMAN GALADIMA

NWALI SYLVESTER NGWUTA

SULEIMAN GALADIMA

NWALI SYLVESTER NGWUTA

SULEIMAN GALADIMA

NWALI SYLVESTER NGWUTA

SULEIMAN GALADIMA

NWALI SYLVESTER NGWUTA

SULEIMAN GALADIMA

NWALI SYLVESTER NGWUTA

SULEIMAN GALADIMA

NWALI SYLVESTER NGWUTA

SULEIMAN GALADIMA

NWALI SYLVESTER NGWUTA

SULEIMAN GALADIMA

NWALI SYLVESTER NGWUTA

PARTIES

1. ALHAJI LASISI SALISU

2. ALHAJI JUBRIL SALISU(For themselves and on behalf of the Gbadamosi Family of Ijanikin)

APPELLANTS

ALHAJI ABBAS MOBOLAJI

RESPONDENTS

AREA(S) OF LAW

SUMMARY OF FACTS

The Respondents as Plaintiffs in the High Court of Lagos State, Badagry Judicial Division filed an action against the Appellants as Defendants/Counter Claimants wherein they sought for “a declaration that the 1 st Plaintiff being the family head and other principal members of Eleso Chieftaincy Family of Ijanikin, Lagos State are entitled to manage, superintend or otherwise deal with the landed property of Eleso Chieftaincy family including the disputed land for themselves and on behalf of and in trust for the entire members of Eleso Chieftaincy family of Ijanikin, among other reliefs. The Defendants/Appellants filed a counter claim that they are persons entitled to the grant of the customary right of occupancy in respect of the disputed land, an order revoking any power of attorney or any similar documents made by the Plaintiffs or for anyone in respect of the land in dispute, an order setting aside any grant of whatever description made by the Plaintiffs in respect of the land in dispute to any person however among others. It was the Respondents case that their forefather known as Eleso originallysettled at and founded the place called Ijanikin where the land in dispute is situate and that the Respondents are the descendants of the seven branches and members of the Eleso family to whom the land devolved by succession. On the other hand however, the Appellants’ case is that they are the descendants of Ogunfunmilere who came from Hamiro to settle at and founded Ijanikin. He gave birth to seven female children who married husbands in Ijanikin. The Appellants’ genealogy is said to transcend through the seven daughters and their children who succeeded and acquired the land in dispute which eventually devolved to one of the descendants by name Adeokun (a family head) who became the exclusive owner of the said land in dispute. At the conclusion of the hearing, the trial court in his considered judgment dismissed and rejected the traditional evidence adduced by both the Respondents and the Appellants.

Consequently, the judge dismissed both claims based on their title or ownership of the land in dispute. He however partially allowed or granted the Appellants claim of damages for trespass and an injunction based on their being in current or recent possession of the land in dispute. Being aggrieved by the finding and judgment of the trial judge, the Respondents filed their notice of appeal against same before the lower court. The Appellants were also dissatisfied with the said judgment cross-appealed. The lower court upheld the main appeal filed by the Respondents while it dismissed the cross appeal by the Appellants. Aggrieved by this, the Appellant has appealed to the Supreme Court.

HELD

Appeal Dismissed

ISSUES

1. Whether the lower court had jurisdiction to consider the statement of claim of the claimants/respondents and grant the reliefs claimed in the writ of summons when the same had been abandoned by the plaintiffs?

2. Whether the lower court was right in reversing the trial court’s findings that the plaintiffs did not properly plead and prove traditional ownership of the land in dispute?

3. Whether it was within the province of the lower court, as an appellate court, to make findings of facts as to traditional history /ownership and possession in the circumstances of this case?

4. Whether the decision of the trial court for damages for trespass and injunction for the appellants ought to stand?

RATIONES DECIDENDI

CASES CITED

STATUTES REFERRED TO

1. High Court of Bendel State, (Civil Procedure) Rules of 1976

2. High Court of Lagos State Civil Procedure Rule, 1994

ALHAJI LASISI SALISU VS ALHAJI ABBAS MOBOLAJI

HON. JAMES ABIODUN FALEKE Vs INDEPENDENT NATIONAL ELECTORAL COMMISSION (INEC) & ANOR

FREEBORN OKIEMUTE VS THE STATE

HON. JAMES ABIODUN FALEKE Vs INDEPENDENT NATIONAL ELECTORAL COMMISSION (INEC) & ANOR

FREEBORN OKIEMUTE VS THE STATE

ALHAJI LASISI SALISU VS ALHAJI ABBAS MOBOLAJI

Legalpedia Citation: (2016) Legalpedia (SC) 31118

In the Supreme Court of Nigeria

Fri Jul 1, 2016

Suit Number: SC. 272/2008

CORAM

PARTIES

AREA(S) OF LAW

SUMMARY OF FACTS

HELD

ISSUES

RATIONES DECIDENDI

CASES CITED

STATUTES REFERRED TO

CLICK HERE TO READ FULL JUDGMENT

Esther ORIAH

ALHAJI LASISI SALISU VS ALHAJI ABBAS MOBOLAJI

HON. JAMES ABIODUN FALEKE Vs INDEPENDENT NATIONAL ELECTORAL COMMISSION (INEC) & ANOR

FREEBORN OKIEMUTE VS THE STATE

HON. JAMES ABIODUN FALEKE Vs INDEPENDENT NATIONAL ELECTORAL COMMISSION (INEC) & ANOR

FREEBORN OKIEMUTE VS THE STATE

Legalpedia Citation: (2016) Legalpedia (SC) 31118

In the Supreme Court of Nigeria

Fri Jul 1, 2016

Suit Number: SC. 272/2008

CORAM

PARTIES

AREA(S) OF LAW

SUMMARY OF FACTS

HELD

ISSUES

RATIONES DECIDENDI

CASES CITED

STATUTES REFERRED TO

CLICK HERE TO READ FULL JUDGMENT

Esther ORIAH

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