CORAM

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TASLIM O. ELIAS, JUSTICE, SUPREME COURT

GEORGE S. SOWEMIMO, JUSTICE, SUPREME COURT

DANIEL O. IBEKWE, JUSTICE, SUPREME COURT

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PARTIES

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CHIEF TIJANI JEGEDE & ORS

APPELLANTS 

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ABA BAKARE GBAJUMO & ORS

RESPONDENTS 

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AREA(S) OF LAW

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LAND LAW – DECLARATION OF TITLE TO LAND – POSSESSION UNDER CUSTOMARY LAW -TRESPASS /PLEADINGS

 

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SUMMARY OF FACTS

The respondent claimed possession of the land in dispute and sought injunction against the appellant from further trespass. Both parties pleaded traditional history as the root of their title to the land. The lower court found that the appellant was not liable in trespass but granted possession to the respondent.

 

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HELD

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The court held that the question of ownership of the land was raised by the pleadings of the parties and that the lower court ought to have resolved the issue of title and that possession no matter how long does not confer title under customary law.

 

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ISSUES

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Whether from the facts and circumstances of this case the lower court ought to have resolved the issue of title to the land in dispute.

 

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RATIONES DECIDENDI

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CONFLICTING AVERMENTS REGARDING POSSESSION OF LAND

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When conflicting averments are made by opposing parties in their pleadings regarding possession of land, it is the duty of the court to decide the issues as to which party has the title or superior title. Per Sowemimo J.S.C

 

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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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