ABIGAIL MOJIBOLA MAJEKODUNMI & ANOR. V. NATIONAL BANK OF NIGERIA LTD
August 4, 2025LAGOS CITY COUNCIL CARETAKER COMMITTEE & ANOR V. BENJAMIN UNACHUKWU & ANOR
August 4, 2025Legalpedia Citation: (1978-03) Legalpedia (SC) 31147
In the Supreme Court of Nigeria
Fri Mar 31, 1978
Suit Number: SC. 90/1976
CORAM
OGUNDARE, JUSTICE, SUPREME COURT
ANIAGOLU JUSTICE, SUPREME COURT
ANTHONY N. ANIAGOLU, JUSTICE, SUPREME COURT
PARTIES
FAGBEMI AKANO
APPELLANTS
MOSES ALABI OKUNADE
AMUSA POPOOLALAWAL
JINADU OJO APITIPITI
YEKINNI ADEBESIN
RESPONDENTS
AREA(S) OF LAW
POSSESSION – INHERITANCE
SUMMARY OF FACTS
The appellant was granted the land in dispute and later dispossessed when he travelled out of town. He instituted action for title and possession. The trial court refused the claim for title on the ground that absolute grant was not proved but granted possession and mesne profit which was set aside by the court of appeal.
HELD
The court allowed the appeal.
ISSUES
In a claim for recovery of possession of farmland containing permanent crops – cocoa, kolanuts, awusa, orange and native wrapping leaves, on grounds of unlawful ejectment of plaintiffs caretaker while plaintiff was out of the country, does the evidence of the rule of inheritance under customary law that a senior brother does not inherit the property of the junior brother dis-entitle the plaintiff who was in possession of the farmland before ejectment from succeeding in the action when the only evidence of the late junior brothers interest was that his farm is included in the farm in dispute
RATIONES DECIDENDI
INCIDENTS OF POSSESSION
possession in itself is a good title as against everyone except the true owner and if one who has been in possession is wrongly dispossessed, he is entitled to recover possession against the wrongdoer notwithstanding that the true title may be shown to be in a third person stealing -Obaseki J.S.C.
WHEN THE CUSTOMARY LAW RULE THAT A SENIOR BROTHER DOES NOT INHERIT THE PROPERTY OF A JUNIOR BROTHER APPLIES
In a claim for recovery of possession of farmland the evidence of the rule of inheritance under customary law that a senior brother does not inherit the property of the junior brother does not disentitle the plaintiff who was in possession of the farmland before ejectment from succeeding in the action when the only evidence of the late junior brothers interest was that his farm is included in the farm in dispute- Obaseki J.S.C
CASES CITED
Bramwell v. Bramwell (1942) 1 KB 370
Nwosu v. Otunola (1974) 1 All NLR pt. 1 page 533
Asher v. Whitlock (1865) LR. 1 QB 1
STATUTES REFERRED TO
Not Available
