CORAM

ANTHONY IKECHUKWU IGUH, JUSTIEC SUPREME COURT

M.L. UWAIS, CHIEF JUSTICE, NIGERIA

ABUBAKAR BASHIR WALL JUSTICE, SUPREME COURT

MICHAEL EKUNDAYO OGUNDARE JUSTICE, SUPREME COURT(Read the Leading Judgment)

PARTIES

DANIEL BASIL APPELLANTS

RESPONDENTS

AREA(S) OF LAW

SUMMARY OF FACTS

The respondents/plaintiffs in the High Court claimed from the appellants/defendants and counter-claimants in that suit, damages for trespass and injunction. Their case was that the land in dispute which was more particularly shown and delineated on the plan accompanying an indenture of Conveyance, was part of a large tract of land originally belonging to one Aina Ogundipe, one-time Bale of Ewu and now represented by the families of Olukotun and Ajamogun of Ewu in the District of Ikeja. The said Aina Ogundipe, it was alleged, sold lands of which the land now in dispute was a portion, to one Chief Abraham Akinola. The trial judge concluded that family having sold the land to the 1st respondent’s predecessors in title, the 1st respondent had proved a better title. In the alternative, he held that if he had found that the three families were the owners of the land, he would nevertheless have given judgment for the respondents. On the appellants’ appeal to the Court of Appeal, the appellate court dismissed the appeal. The appellants further appealed to the Supreme Court.

HELD

The appeal was allowed. The judgments of the court below and of the High Court were set aside. The respondents’ claim was dismissed.

ISSUES

Whether the land in dispute falls within the parcel of land which was sold by Aina Ogundipe (Bale of Ewu) to the plaintiff’s predecessor in title, Chief Abraham Akinola in 1925 under Yoruba native law and custom. If the answer to issue No. 1 is in the affirmative, whether the said sale was valid and effective.

RATIONES DECIDENDI

CASES CITED

Ajadi v. Olanrewaju (Vol. 6) 1969 – 1970 NSCC 331

STATUTES REFERRED TO

None.|

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