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