M.O. THOMAS LANIYAN VS ALPHEUS DADEOWO
August 28, 2025FESTUS IBIDAYO ADESANOYE V. COMFORT MOROLAYE ADESANOYE
August 28, 2025Legalpedia Citation: (1971) Legalpedia (SC) 11151
In the Supreme Court of Nigeria
Fri Apr 16, 1971
Suit Number: SC 294/1968
CORAM
SOWEMIMO, JUSTICE, SUPREME COURT
LEWIS, JUSTICE, SUPREME COURT
UDOMA, JUSTICE, SUPREME COURT
PARTIES
EMMANUEL ODUFUWA & ANOR APPELLANTS
RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
The plaintiff was allocated a market stall by 2nd defendant about 25 years ago. The 2nd defendant rejected the latest rent from the plaintiff and informed him that the stall had been allocated to another person. The 1st defendant then forcefully broke into and ejected the plaintiff from the said stall putting in one Mrs. Mary Tifase who has remained there ever since.
HELD
The Court held that on the evidence before the learned trial judge and on the provision of by-law 4, the plaintiff was properly and lawfully ejected from her stall. The judgment of the learned trial judge, and the orders made in favor of the plaintiff was therefore set aside
ISSUES
Whether the plaintiff had a legal right to be in the stall as a licensee under the Lagos Market By-Laws
RATIONES DECIDENDI
EFFECT OF FAILURE TO PAY STALLAGE IN ADVANCE
By-law 4 is quite specific that failure to pay a stallage in advance makes the holder of a stall liable to be ejected as a trespasser. Per Sowemimo, JSC
CASES CITED
STATUTES REFERRED TO
Lagos Market By-Laws
Government Notice No. 266 Vol. 8 of Cap. 93 of the Laws of the Federation of Nigeria and Lagos, 1958
