NIGERIA-ARAB BANK LIMITED V BARRI ENGINEERING NIGERIA LTD.
July 4, 2025MOBIL OIL NIGERIA LIMITED V NABSONS LIMITED
July 4, 2025Legalpedia Citation: (1995) Legalpedia (SC) 82141
In the Supreme Court of Nigeria
Tue Sep 19, 1995
Suit Number: SC 297/ 1990
CORAM
S.M.A. BELGORE – JUSTICE, SUPREME COURT
A.B. WALI – JUSTICE, SUPREME COURT
I.L. KUTIGI – JUSTICE, SUPREME COURT
E.O. OGWUEGBU – JUSTICE, SUPREME COURT
OLUKAYODE ARIWOOLA – JUSTICE, SUPREME COURT
PARTIES
BARO BAJODENNATHANIEL OTOMU BAJODEN APPELLANTS
RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
The plaintiffs, now respondents, sued the appellants as defendants, in the Ondo State High Court, holden at Ondo and claimed for Declaration of title to and possession of all that piece or parcel of land, Perpetual injunction restraining the defendants, their servants, agents and/or all person, claiming through them from entering or doing any act, e.g. cutting trees or harvesting fishes in the river upon the said land, bush and water. And N1,000 or (£500) being General Damages for trespass committed by the defendants upon the piece or parcel of the said land, bush and water.
HELD
That Exh.1 was properly tendered in evidence by consent of the parties for that purpose only and there was abundant evidence in support of respondents’ claim of ownership of the land in dispute by traditional history.
ISSUES
Whether some of the findings of fact made by the learned trial Judge and the conclusions reached on those findings justified by the evidence on record to entitle the plaintiffs/respondents to judgment?whether or not the respondents pleaded or ought to have pleaded the applicable customary law, and terms upon which they claimed ownership of the land in dispute?
RATIONES DECIDENDI
AFRICAN CONTINENTAL BANK LTD. CALABER VS JOSEPH AGBANYM 1960 FSC 267/1959 [1960] NSCC 12 DECLARATION OF TITLE CAN BE MADE WITHOUT A PLAN
It is settled law that where there is no difficulty in identifying the land in dispute a declaration of title may be made without it being based on any plan. -Per Idris Legbo Kutigi, JSC
CASES CITED
Akinhanmi v. Daniel (1977) 6 SC. 125Etiko v. Aroyewun (1959) 4 FSC 129Garba v. Akacha (1966) NMLR 62)Ibuluya v. Dikibo (1976) 6 SC. 97
STATUTES REFERRED TO
