CHIEF P.N. NSIRIM VS E.A. NSIRIM
July 15, 2025GBANIYI OSAFILE VS PAUL ODI
July 16, 2025Legalpedia Citation: (1990) Legalpedia (SC) 99911
In the Supreme Court of Nigeria
Fri May 4, 1990
Suit Number: SC. 178/1988
CORAM
O. OLATAWURA – JUSTICE, SUPREME COURT (Reading the Leading Judgment)
A.I. IGUH, JUSTICE, SUPREME COURT
A. NNAMANI – JUSTICE, SUPREME COURT
M.L. UWAIS – JUSTICE, SUPREME COURT
A.G. KARIBI-WHYTE – JUSTICE, SUPREME COURT
S. KAWU – JUSTICE, SUPREME COURT
A.B. WALI – JUSTICE, SUPREME COURT
PARTIES
DAVID OYE OLAGBEMIRO APPELLANTS
RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
The appellant claimed title to the land in dispute through one of the chieftaincy family but could not show that the land form part of the area in dispute. The respondents counter claimed for trespass but were not in possession and could not show a better title.
HELD
The court held that the order of non- suit granted against the appellant by the trial court was proper in the circumstances of the case and that the court of appeal was in error to have declared title in favour of the respondents.
ISSUES
1. Whether the court of appeal was correct when it granted title to the land in dispute to the respondents and injunction for trespass against the appellants when the respondents did not counter claim for declaration of title and was shown not to have been in possession.2. whether under the customary land law of Ogbomosho all land in that area belongs to the Shoun so that anyone occupying land can only validly do so by tracing his title directly or indirectly to the Shoun or whether each of the 5 Ruling Chieftaincy Families has its own separate and distinct land.3. Whether the court of appeal was right in dismissing the appellants’ claim and setting aside the order of non- suit granted by the trial court.
RATIONES DECIDENDI
CASES CITED
Cole v. Akinyele (1960) 5 FSC 84Akpapuna v. Nzeka [1983] 2 SCNLR 1Ikpang v. Edoho (1978) 6-7 S.C. (Reprint) 155; (1978) 6-7 S.C. 221Amakor v. Obiefuna (1974) 3 S.C. (1974) NSCC 141
STATUTES REFERRED TO
The Warsaw Convention as amended at The Hague 1955The Constitution of the Federal Republic of Nigeria 1999
