CORAM
ADEMOLA, JUSTICE SUPREME COURT
UNSWORTH, JUSTICE SUPREME COURT
TAYLOR, JUSTICE SUPREME COURT
PARTIES
APPELLANTS
CHIEF A. B. GBAJUMO
RESPONDENTS
AREA(S) OF LAW
ALASAN BABATUNDE, AJAGUNNA II OLUKARE OF IKARE VS GOVERNOR, WESTERN REGION 1960 FSC 207/1959 [1960] NSCC 41
LAND LAW – CUSTOMARY TENANCY-PLEADINGS-FORFEITUE
SUMMARY OF FACTS
ALASAN BABATUNDE, AJAGUNNA II OLUKARE OF IKARE VS GOVERNOR, WESTERN REGION 1960 FSC 207/1959 [1960] NSCC 41
The respondents, as overlords of the property in dispute, claimed title and possession on the grounds that the appellants have partitioned the property in an action. The High Court awarded them title in fee simple and ordered the appellants to give up possession.
HELD
ALASAN BABATUNDE, AJAGUNNA II OLUKARE OF IKARE VS GOVERNOR, WESTERN REGION 1960 FSC 207/1959 [1960] NSCC 41
The court granted the respondents’ title under native law and custom but held that the appellants were entitled to remain in possession because the act of partitioning itself is insufficient for a customary tenant to forfeit possession.
ISSUES
ALASAN BABATUNDE, AJAGUNNA II OLUKARE OF IKARE VS GOVERNOR, WESTERN REGION 1960 FSC 207/1959 [1960] NSCC 41
Whether a declaration of title can be made in fee simple over land subject to native law and custom.
Whether the act of partitioning of land by a customary tenant without disputing the overlords title , as in this case, is sufficient to warrant forfeiture under customary law
RATIONES DECIDENDI
ALASAN BABATUNDE, AJAGUNNA II OLUKARE OF IKARE VS GOVERNOR, WESTERN REGION 1960 FSC 207/1959 [1960] NSCC 41
FAILURE TO USE TECHNICAL WORDS IN PLEADINGS
‘The mere absence of the technical word “forfeiture” from the pleadings cannot be fatal in the circumstances where, as it is here, the nature of the claim is abundantly clear.’ Per Taylor F.J
WHETHER PARTITIONING AMOUNTS TO DENIAL OF OVERLORD’S TITLE UNDER CUSTOMARY LAW.
‘A partition action as such cannot amount to a denial of the overlords’ title.’ Per Taylor F.J
CASES CITED
ALASAN BABATUNDE, AJAGUNNA II OLUKARE OF IKARE VS GOVERNOR, WESTERN REGION 1960 FSC 207/1959 [1960] NSCC 41
Lawani v. Tadeyo and anor. 10 W. A.CA. 37
Ashogbon v. Oduntan, 12 N.L.R. 7
STATUTES REFERRED TO
Not Available