DOPEMU TAIWO ADEYERI & ORS VS AKINBODE OKOBI & ORS
July 3, 2025ITYOSUWE HAAV VS KEMA KUNDU
July 3, 2025Legalpedia Citation: (1997) Legalpedia (SC) 61241
In the Supreme Court of Nigeria
Fri Jun 6, 1997
Suit Number: SC. 199/1992
CORAM
G.A. OGUNTADE JUSTICE, SUPREME COURT
M.E. OGUNDARE, JUSTICE, SUPREME COURT
U. MOHAMMED, JUSTICE, SUPREME COURT
SALIHU MODIBBO ALFA BELGORE JUSTICE, SUPREME COURT(Presided)
MICHAEL EKUNDAYO OGUNDARE JUSTICE, SUPREME COURT (Read the Leading Judgment)
PARTIES
CHIEF ADEYEMI LAWSON & ANOR APPELLANTS
RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
The plaintiff, bought a piece of land from the Aina Ala Adeniyi families of Agbara village. He affixed on the land a signboard bearing his names as the owner. He later noticed the defendant encroaching on the land. The defendant approached him to sell the land to the latter but plaintiff refused. The land was later acquired by the Ogun State Government and released to the defendant’s company for development.
HELD
For the reasons I have given above I have come to the conclusion that this appeal must be allowed and it is hereby allowed. The judgment of the Court of Appeal affirming that of the trial High Court is hereby set aside. In its stead I order that plaintiff’s claims be dismissed in to-to. I award to the appellants N1,000.00 costs of the trial in the High Court, N350.00 costs of the appeal in the Court of Appeal and N1,000.00 costs of the appeal in this court.
ISSUES
(1) Did plaintiff prove his title to the land in dispute? (2) Is the acquisition of the land by the Ogun State Government valid?
RATIONES DECIDENDI
WHEN PLAN IS NOT REQUIRED
It is the law that where the identity of a land is known by the parties, a plan of the land in dispute may not be necessary. PER OGUNDARE, JSC.
CASES CITED
Kodlinye v. Mbanefo Oda (1935) 2 WACA 336Atuanya v. Onyejekwe & Anor (1975) 3 SC 161 at 168Elias v. Omo-Bara (1982) 5SC25Onibudo v. Akibu (1982)7SC60Abinabina v. Chief Koja Envirnadu (1953) A.C. 207Bello v. Eweka (1981) 1 SC 101 Aromire v. Awoyemi (1972) 2 SC 1 at 11.Idundun v. Okumagba (1976) 9/10 SC 227 at 246-250
STATUTES REFERRED TO
Public Lands Acquisition Law (Cap. 105, Laws of Western Nigeria, 1958) and now Laws of Ogun State Cap. 105
