IBRAHIM KANO VS GBADAMOSI OYELAKIN

CORAM

M.L. UWAIS JUSTICE, SUPREME COURT

S. KAWU JUSTICE, SUPREME COURT

A.B. WALI JUSTICE, SUPREME COURT

M.E. OGUNDARE JUSTICE, SUPREME COURT

S.U. MOHAMMED JUSTICE, SUPREME COURT

PARTIES

IBRAHIM KANO

APPELLANTS

GBADAMOSI OYELAKIN

RESPONDENTS

AREA(S) OF LAW

SUMMARY OF FACTS

The plaintiff, Chief Amuda Olorunkosebi the Ashipa of Oyo, for and on behalf of himself and the Ashipa family sued the defendant (who is now the appellant before us) for and on behalf of himself and the Hausa Community, claiming forfeiture of the defendant’s tenancy in respect of a piece of land situate and being at Sabo market Isale-Oyo quarters in Oyo town, arrears of rent and mesne profits until possession is yielded up. The trial judge entered judgement for the plaintiff. The Court of Appeal dismissed the defendant’s appeal.

HELD

Appeal allowed

ISSUES

RATIONES DECIDENDI

PLEA OF ILLITERACY

“A party who wishes to rely on Illiteracy must plead that fact”

JUDGMENT OF COURT TO BE BASED ON PLEADINGS

“It is trite law that where trial is by pleadings, the judgment of the court must be based on the pleadings and not on speculations”

DUTY OF PLAINTIFF TO PROVE CASE

“It is the duty of a plaintiff to prove his case and in so doing he must rely on the strength of that case rather than on the weakness of the defence. He is, however, entitled to take advantage of any admission by the defence favourable to his case.”