J. UZOR & ORS VS NIGERIAN STORES WORKERS UNION & ORS
August 15, 2025PROPHET MALIM SHERIFF KAJOLA VS COMMISSIONER OF POLICE
August 15, 2025Legalpedia Citation: (1973) Legalpedia (SC) 11184
In the Supreme Court of Nigeria
Fri Oct 5, 1973
Suit Number: SC. 260/1972
CORAM
S.U. ONU -JUSTICE, SUPREME COURT
OGUNDARE, JUSTICE, SUPREME COURT
GEORGE S. SOWEMIMO, JUSTICE, SUPREME COURT
PARTIES
BABALOLA ADISA APPELLANTS
RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
This was an appeal against the judgment of the Court of Appeal whereby the judgment of the High Court, was set aside. The action, which was the subject matter of this appeal, originated from the Customary Court. The plaintiffs claimed in that court the title to ownership and recovery of plaintiffs fathers farmland, and an injunction restraining the defendant, from further trespassing on the farmland.
HELD
The appeal succeeded and was allowed. The judgment of the court of appeal was set aside.
ISSUES
1. Whether there was evidence, or not, before the Grade B Customary Court, which heard the case in the first instance, as to whether the land was inherited by Latoyan on condition that it should be returned to the children of Okiti when they attained certain age.
2. Whether there was evidence that that was the custom at the time of the inheritance.
RATIONES DECIDENDI
RIGHT OF THE CHILDREN OF THE DECEASED TO SUCCESSION UNDER YORUBA CUSTOM
“It has been held that, under Yoruba customary law, laches and acquiescence cannot be a bar to the undoubted right of the children of a deceased person to succession.” Per SOWEMIMO, JSC.
THE DUTY OF THE COURT CONSIDERING THE CASE OF EITHER PARTY
“It is the duty of a court to consider the case of either party as an impartial stake holder, and to decide the case as made out by either party.” Per SOWEMIMO, JSC.
CASES CITED
Taiwo & Anor. v. Taiwo & Anor. (1958) 3 FSC 80 at page 82
STATUTES REFERRED TO
