FADERERA A. AKINTOLA & ANOR VS B. STABILINI & CO. LTD
August 26, 2025ALHAJI MUJAHID DOKUBO-ASARI VS FEDERAL REPUBLIC OF NIGERIA
August 26, 2025Legalpedia Citation: (1972) Legalpedia (SC) 43111
In the Supreme Court of Nigeria
HOLDEN AT LAGOS
Thu Feb 10, 1972
Suit Number: SC 96/69
CORAM
GEORGE B. A. COKER
MOHAMMED AMBI-USI DANJUMA JCA
ABIMBOLA OSARUGUE OBASEKI – ADEJUMO FHC
PARTIES
M. ADE KASUNMUMR. V. O. ADELAJA APPELLANTS
MADAM SAUDATU ABEO RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
The appellant was in possession of a property which respondent claimed. But the appellant traced root of title to the ancestral owners.
HELD
The Court held that the findings of the trial court was wrong and clearly against the evidence before him.
ISSUES
Whether the findings of the trial court which found in favour of the plaintiff/Respondent established her root of title and claim of possession as better than that of the Defendants/appellants.
RATIONES DECIDENDI
ESTABLISHMENT OF TITLE
” In the battle of titles, where the respondent fails to establish her own title, the title of the appellant is superior irrespective of whether the respondent is in fact in possession ”.
CASES CITED
None.
STATUTES REFERRED TO
None.|
