CORAM

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BRETT , JUSTICE SUPREME COURT

TAYLOR, JUSTICE SUPREME COURT

BAIRAMIAN, JUSTICE SUPREME COURT

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PARTIES

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APPELLANTS

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BENJAMIN ADEWUSI

RESPONDENTS 

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AREA(S) OF LAW

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ALASAN BABATUNDE, AJAGUNNA II OLUKARE OF IKARE VS GOVERNOR, WESTERN REGION   1960   FSC 207/1959   [1960] NSCC 41

LAND LAW – CUSTOMARY TENANCY-EVIDENCE-INJUNCTION AND FORFEITURE

 

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SUMMARY OF FACTS

ALASAN BABATUNDE, AJAGUNNA II OLUKARE OF IKARE VS GOVERNOR, WESTERN REGION   1960   FSC 207/1959   [1960] NSCC 41

The appellant claimed declaration of title to the land in dispute and injunction. The respondent was found to have been paying ishakole to the appellant in respect of the land in dispute.

 

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HELD

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ALASAN BABATUNDE, AJAGUNNA II OLUKARE OF IKARE VS GOVERNOR, WESTERN REGION   1960   FSC 207/1959   [1960] NSCC 41

The court held that a declaration of title ought to have been granted in favour of the appellant but that the proper course to take possession of land subject to customary tenancy is a claim for forfeiture, not injunction.

 

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ISSUES

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ALASAN BABATUNDE, AJAGUNNA II OLUKARE OF IKARE VS GOVERNOR, WESTERN REGION   1960   FSC 207/1959   [1960] NSCC 41

Whether the lower court was right when it failed to make a declaration of title to the land in dispute in favour of the appellant. Whether an injunction can lie with respect to a land subject to customary tenancy.

 

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RATIONES DECIDENDI

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ALASAN BABATUNDE, AJAGUNNA II OLUKARE OF IKARE VS GOVERNOR, WESTERN REGION 1960 FSC 207/1959 [1960] NSCC 41

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PROOF OF CUSTOMARY TENANCY

‘Once it is shown that a defendant has been paying ishakole to the plaintiff, declaration of title must be made in favour of the plaintiff.’ Per Taylor F.J

 

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CASES CITED

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Not Available

 

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STATUTES REFERRED TO

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Not Available

 

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