CORAM

COKER, JUSTICE, SUPREME COURT

LEWIS, JUSTICE, SUPREME COURT

MADARIKAN, JUSTICE, SUPREME COURT

PARTIES

DAVID TAIWO ELABANJO & ANOR APPELLANTS

RESPONDENTS

AREA(S) OF LAW

SUMMARY OF FACTS

Both parties claimed title to the land in dispute upon separate conveyances, the High Court awarded the land to the respondent without asking an expert to drawn a composite plan in order to determine which of the conveyances the land fell.

HELD

The court held that the High Court ought to have requested the services of a surveyor to prepare a composite plan and ordered the Director of survey of Lagos to prepare one which shows that the land fell within the appellants conveyances and accordingly upheld the appeal.

ISSUES

Whether the land in dispute is within the area covered by the respondents conveyances or within the area of the conveyances of the appellants.

RATIONES DECIDENDI

IMPORTANCE OF DETERMINATION OF AREA OF LAND IN RESPECT OF TRESPASS TO LAND RTRTRTRT

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CASES CITED

STATUTES REFERRED TO

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