OBEDIAH ASHAYE VS MRS V.I.AKEKELE
August 29, 2025E. A. OSHODI VS J. B. EGUNJOBI
August 29, 2025Legalpedia Citation: (1966-12) Legalpedia 00865 (SC)
In the Supreme Court of Nigeria
Holden At Abuja
Fri Dec 9, 1966
Suit Number: SC 709/1965
CORAM
BRETT JUSTICE, SUPREME COURT
ONYEAMA JUSTICE, SUPREME COURT
AJEGBO JUSTICE, SUPREME COURT
PARTIES
KALU OBASI AND ORS
APPELLANTS
CHIEF OKEREKE OTI AND ORS
RESPONDENTS
AREA(S) OF LAW
Land law-possession-trespass -damages
SUMMARY OF FACTS
The plaintiffs claimed against the defendants declaration of title to an area of land drawn on a plan No.ESP/2136(LD) which was in evidence as Exhibit A, £100 damages for trespass on the land, possession of the land, and an injunction to restrain further trespass.
HELD
That the area verged brown in the plan No. ESP/2136(LD)-Exhibit A-was granted to the defendants absolutely by the plaintiffs’ ancestors.
ISSUES
Whether trial Court was right by the declaration of title granted and the injunction ordered by the area verged brown on the plan No. ESP/2136(LD) which was in evidence as Exhibit A
RATIONES DECIDENDI
PRESUMPTION OF OWNERSHIP
‘An outright grant of land which is not required either for living on or for cultivation is so exceptional that it could only be proved by the clearest possible evidence and should never be presumed.’-Per Onyeama, J .S.C
CASES CITED
STATUTES REFERRED TO
