SAMUEL AGBONIFO VS IRORORE AIWEREOBA AND ANOTHER
July 18, 2025SUTI ABIBU VS KARIMU BINUTU AND ANOR
July 18, 2025Legalpedia Citation: (1988-02) Legalpedia (SC) 12394
In the Supreme Court of Nigeria
Fri Feb 19, 1988
Suit Number: SC. 144/1986.
CORAM
ALOYSIUS IYORGYER KASTINA-ALU JUSTICE, SUPREME COURT
OPUTA, JUSTICE SUPREME COURT
PARTIES
L. B. FOLARIN
APPELLANTS
OYEWOLE DUROJAIYE
RESPONDENTS
AREA(S) OF LAW
LAND LAW – SALE OF LAND – TRANSFER OF TITLE UNDER CUSTOMARY AND ENGLISH LAW
SUMMARY OF FACTS
This appeal concerns title to land and the short point in it is whether the vendor from whom the appellant bought and obtained a transfer of title, herself acquired any interest in the land which she could convey to the appellant.
HELD
That the plaintiff/appellant therefore bought no interest in the land and the conveyance Exhibit 1 conveyed no interest to the plaintiff.
ISSUES
Whether Ramota Adeoye had any interest in the land in dispute (whether customary title, legal or equitable interest) which she could transfer to the plaintiff/appellant.
RATIONES DECIDENDI
SALE OF LAND UNDER CUSTOMARY LAW.
‘To acquire an interest in land under customary law by purchase, there must be a valid sale, payment of money in the presence of witness and delivery of possession of the land to the purchaser in the presence of witnesses.’ Per. A.O.OBASEKI,JSC.
CASES CITED
See Cole v. Folami 1 FSC 66.
Karimu Ayinla v. Sifawu Sijuola (1984) 5 S.C. 44 at 77.
Ogunbambi v. Abowaba 13 WACA 222
Orasanmi v. Idowu (1959) 4 FSC 40
STATUTES REFERRED TO
Not Available
