MARINA NOMINEES LIMITED VS FEDERAL BOARD OF INLAND REVENUE
July 22, 2025GEORGE ONOBRUCHERE AND ANOTHER VS IVMROMOEBO ESEGINE AND ANOTHER
July 22, 2025Legalpedia Citation: (1986) Legalpedia (SC) 81678
In the Supreme Court of Nigeria
Wed Feb 26, 1986
Suit Number: SC. 182/1986
CORAM
ESO, JUSTICE, SUPREME COURT
NNAMANI, JUSTICE, SUPREME COURT
UWAIS, JUSTICE, SUPREME COURT
AGBAJE, JUSTICE, SUPREME COURT
BELGORE, JUSTICE, SUPREME COURT
PARTIES
MR. ODEDINA APPELLANTS
RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
The plaintiff claimed that the defendants bought the land during the pendency of a suit, thus he sued the defendants to recover possession of the land in dispute while the defendants claim to have purchased and lived on the land for a long before any dispute.
HELD
The Court held that this appeal has failed, and I accordingly dismiss it. The judgments of the High Court of Justice, Ibadan dated 14/7/82 and the Court of Appeal, Ibadan Judicial Division dated 28th October, 1985 are hereby affirmed.
ISSUES
(a) Whether the respondents are bound by Exhibit B – (i.e. Suit 1/33A/64) a judgment obtained against Ojo Dalegan long after they had purchased the land so as to entitle the appellant to possession of the land in dispute.
(b) Whether the appellant discharged the onus of proof on him in the circumstances.
(c) Whether the refusal of the Justices of Appeal to interfere with the learned trial Judges exercise of discretion in refusing plaintiffs application to call rebutting evidence occasioned miscarriage of justice to warrant a retrial
RATIONES DECIDENDI
POSSESSION IS NOT CONCLUSIVE PROOF OF OWNERSHIP
2.”The law is that a person who desires to dislodge a person in possession has to show a better title” A. NNAMANI, JSC.
CASES CITED
1. Dibie Ajuwa and Ors v. Sebastian Benjamin Odili (1985) 2 NWLR. (Pt. 9) 710
2. Njoku v Eme (1973) 5 SC. 293; (1973) 5 SC. (Reprint) 211
3. Chikwendu v. Mbamali (1980) 3/4 SC. 31; (1980) 3-4 SC. (Reprint) 21
4. Ibodo v. Enarofia (1980) 5 & 7 SC. 42; (1980) 5-7 SC. (Reprint) 29
5. Enang v. Adu (1981) 11-12 SC. 25; (1981)11-12 SC. (Reprint) 62
6. Otogbolu v. OkeIuwa (1981) 6-7 SC. 99; (1981) 6-7 SC.(Reprint)2
7. Overseas Construction Ltd. v. Creek Ent. Ltd (1985) 3 NWLR. (Pt. 13) 407 at 413
8. Ajadi v. Okenihun (1985) 1 NWLR (Pt.3) 484, 489
Lokoyi v. Olojo (1983) 2 SC. NLR 127 at 132;(1981) 6-7 SC. (Reprint) 62
9. re Mogaji (1986) 1 NWLR. (Pt. 19) 759 772.
10. Merchantile Investment and General Trust Co. v. River Plate Trust Loan and Agency Co. (1894) 1 CH.D. 578,595
STATUTES REFERRED TO
