OLAIDE TUGBOBO V. CHIEF FARAMOBI ADELAGUN
August 11, 2025CHIEF OKERE IMONIKHE & ORS V. CHIEF YAKUBU KAKARAH & ANOR
August 11, 2025Legalpedia Citation: (1974) Legalpedia (SC) 50647
In the Supreme Court of Nigeria
Thu Apr 25, 1974
Suit Number: SC. 51/1973
CORAM
TASLIM O. ELIAS, CHIEF JUSTICE OF NIGERIA
GEORGE S. SOWEMIMO, JUSTICE, SUPREME COURT
EMANUEL OBIOMA OGWUEGBU, JSC. JUSTICE, SUPREME COURT (Read the Leading Judgment)
PARTIES
K. NWOSU PETITIONER(S)
RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
The appellant erected a building on the land in dispute and claimed possession and injunction against the respondent who did not give evidence at trial. The trial court non- suited the appellant on the grounds that he failed to prove title.
HELD
The court held that the appellant established possession to the land in dispute which was sufficient for his claim to have been granted.
ISSUES
Whether the appellants possession is lawful.
RATIONES DECIDENDI
Possession
“Possession is good against all the world except the person who can show a good title; and it would be mischievous to change this established doctrine”. Per Elias CJN
POSSESSION
“Possession is good against all the world except the person who can show a good title; and it would be mischievous to change this established doctrine”. Per Elias CJN
CASES CITED
Asher v. Whitlock (1865) LR 1 QB 1, at p. 5
STATUTES REFERRED TO
