OBIANWUNA OGBUANYINYA & ORS VS OBI OKUDO & ORS
July 15, 2025ALHAJI A SUARA YUSUFF VS MRS. YETUNDE DADA
July 15, 2025Legalpedia Citation: (2022-07) Legalpedia 48679 (SC)
In the Supreme Court of Nigeria
Holden at Calabar
Fri Jul 13, 1990
Suit Number: SC 195/1987
CORAM
A.O. OBASEKI, JUSTICE SUPREME COURT
A.G. KARIBI-WHYTE, JUSTICE SUPREME COURT
A.G.O. AGBAJE, JUSTICE SUPREME COURT
O. OLATAWURA, JUSTICE SUPREME COURT
PARTIES
1. CHIEF S.O. OGUNMOLA
2. CHIEF AMORE OSOLO
3. BALE DISU ODEBIYI
4. DOSUNMU OLUKAN
5. AJOSE AINA
APPELLANTS
MADAM OMOLADE DOSUNMU
MADAM AROMOMO (for them and on behalf of Arilegbolorsi family) AND
HODA EIYEKOLE SULE
MR. OGBE AKOJEUNNU
MR. NOSIRU AHANTON
MR. IDOWU
MR. S.O. AGOGO
MR. E.O. HUNGE
MR. JIMOH IDASI
MR. NOATIN GBONDU
MR. MUYIBI HOSU
RESPONDENTS
AREA(S) OF LAW
CUSTOMARY TENANCY – FORFEITURE-THE LAND USE ACT
SUMMARY OF FACTS
The respondents, as customary tenants, disputed the appellants’ title, stopped paying tribute and destroyed the appellants’ shrine on the land in dispute.
HELD
The court held that their acts constituted misconduct which attracts the penalty of forfeiture.
ISSUES
(a) Whether the Court of Appeal could rightly confirm the refusal of forfeiture made by the learned trial Judge;
(b) Whether the consideration and interpretation of the Land Use Act, 1978 by the Court of Appeal was correct:
(c) Whether the Court of Appeal was right in not treating the issue of the respondents’ being foreigners is right, and if so what should be the consequences, if it is correctly found that they are foreigners under our law.
(d) Whether the Court of Appeal was right in confirming the right of the respondents to customary rights of occupation in respect of portions of land not shown on any plan
RATIONES DECIDENDI
FORFIETURE BY CUSTOMARY TENANT
‘There is no doubt that from the pleading and the evidence the respondents have denied the title of the appellants which is an act of misconduct under customary law. It is an act of misbehaviour which attracts the penalty of forfeiture’. Per Olatawura J.S.C
FORFIETURE UNDER THE LAND USE ACT
‘Forfeiture has not been abolished by the Land Use Act’. Per Olatawura J.S.C
CASES CITED
Ojomu v. Ajao (1983)2 SCNLR 156;
Josiah Aghenghen & Ors. v. Chief Maduku Waghoreghor (1974)1 S.C. 1.
Alani Taiwo & Ors. v. Adamo Akinwumi & Ors. (1975) 4 S.C. 143
Akpagbue v. Ogu (1976)6 S.C. 63 at 74.
Taiwo & Ors. v. Akinwumi (1975) 5 S.C. 143 at 120
STATUTES REFERRED TO
The Land Use Act
