CORAM
ONYEAMA JUSTICE, SUPREME COURT
AJEGBO JUSTICE, SUPREME COURT
BRETT JUSTICE, SUPREME COURT
PARTIES
M.A. ALATISHE
APPELLANTS
H.R. SANYAOLUN
RESPONDENTS
AREA(S) OF LAW
LAND LAW-DECLARATION-TITLE TO LAND-INJUNCTION-POSSESSION
SUMMARY OF FACTS
The Appellant sought a declaration of title to a piece of land and an injunction while the respondent counterclaimed for possession.
HELD
The Court ordered that the appeal of M. A. Alatishe from the judgment of the High Court at Lagos in Suit LD/161/1960 – M. A. Alatishe v. H. R. Sanyaolu dated the 13th of January, 1962, be dismissed. It is ordered that the appeal of H. R. Sanyaolu from the judgment on the counter-claim in that suit be allowed; the judgment on the counter-claim is set aside and in place of it is substituted judgment for H. R. Sanyaolu the defendant for possession of the area edged yellow on the plan No. L & L/B.2029 marked Exhibit H.
ISSUES
Whether the trial Judge was right in ordering that the defendant be paid money for the land for which he had possession.
Whether the evidence accepted by the trial Judge established that the respondent was in possession
RATIONES DECIDENDI
EFFECT OF A WRONG ORDER MADE
CASES CITED
Wuta-Ofei v. Danquah [1961] 1 W.L.R. 1238
STATUTES REFERRED TO