WORHI DUMUJE V. STEPHEN IDUOZO & ANOR
August 5, 2025ALHAJI H.D. KOLO V. J.M.O. OYETUNDE
August 5, 2025Legalpedia Citation: (1978-02) Legalpedia (SC) 57512
In the Supreme Court of Nigeria
Fri Feb 3, 1978
Suit Number: SC. 141/1976
CORAM
SOWEMIMO, JUSTICE, SUPREME COURT
IDIGBE, JUSTICE, SUPREME COURT
ESO, JUSTICE, SUPREME COURT
PARTIES
CHIEF T.A. DOSUNMU & ORS
APPELLANTS
JEMINATU AJOKE AJAGUN & ORS
RESPONDENTS
AREA(S) OF LAW
NATIVE LAW – JUDGMENT – DEED OF ENFRANCHISEMENT
SUMMARY OF FACTS
The Plaintiff/Respondent sued the Defendant/Appellants to have the judgment in Suit No. LD/613/62 dated the 11th day of November, 1969 set aside. Or a declaration that the said property No. 17/19 belong to the plaintiffs under native law and custom. The value of the said land is £50.
HELD
This appeal therefore succeeds. The judgment of the learned trial Judge (Odesanya, J.) in Suit LD/238/70 delivered on 14th February, 1975, including the award of costs is hereby set aside. In substitution thereof, we enter judgment for the defendants/appellants and dismiss the Claim for declaration that the property No. 17/19, Oshodi Street, Lagos, belong to the plaintiffs under native law and custom. We award costs of N173.00 in favour of the appellants in this court and N25.00 in the lower court.
ISSUES
Whether a Deed of Enfranchisement was or was not executed
RATIONES DECIDENDI
A DECLARATION OF TITLE UNDER NATIVE LAW AND CUSTOM
CASES CITED
Not Available
STATUTES REFERRED TO
Epetedo Lands Act Cap. 61 of Volume II of the Laws of the Federation of Nigeria and Lagos 1958.
