J. A. AKOSILE VS THE STATE
August 20, 2025SHITTU ADEOSUN VS LAWANI BABLOLA
August 20, 2025Legalpedia Citation: (1972) Legalpedia (SC) 41518
In the Supreme Court of Nigeria
Fri May 19, 1972
Suit Number: SC. 143/69
CORAM
MOHAMMED BELO, JUSTICE, SUPREME COURT
SOWEMIMO JUSTICE, SUPREME COURT
FATAYI-WILLIAMS JUSTICE, SUPREME COURT
PARTIES
FREDERICK ONAGBA ODUARAN & ORS APPELLANTS
RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
The Plaintiffs sued the defendants in respect of land named Oyiho. Judgment was given in favour of the plaintiffs/respondents, the defendants appealed.
HELD
The appeal was dismissed with costs in favors of the respondents
ISSUES
Whether the appellants were put into possession of the land by the Respondents
RATIONES DECIDENDI
DUTY OF COURT IN DISPUTE OF CUSTOMARY TENANCY
Where a plaintiff claims that a defendant is his customary tenant on a piece of land, while the defendant on the other land also claims to own the land, the question before the court is whether the defendants possession was by the plaintiffs permission- per Elias CJN.
WHERE THE CASE OF THE DEFENDANT LEADS SUPPORT TO THE CASE OF THE PLAINTIFF
“It is settled law that in a land case, the plaintiff must rely on the strength of his own case and not on the weakness of the defendants case but where the case of the defendant leads support to the case of the plaintiff. The court cannot ignore it in arriving at a conclusion as to which side is to be believed
CASES CITED
Udo & ors vs. Eco & FSC 216/61
Onyekanmu & ors vs. Ewkubiri & ors (1966) 1 ALL NLR 32. At p.34
Adenla vs. oyegbade (1967) NWLR 136 at P. 139
Ashogbon vs. Odunsi 1 NLR 7.
Ogbakumannwu & ors vs. Chiabolo (19 NLR 107)
Onisiwo vs. Fagbenro 21 NLR 3
STATUTES REFERRED TO
