CORAM

IBEKWE, JUSTICE, SUPREME COURT

GEORGE B. A. COKER JUSTICE, SUPREME COURT

SIR IAN LEWIS, JUSTICE, SUPREME COURT

PARTIES

M. ADE KASUNMUMR. V. O. ADELAJA APPELLANTS

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 . PER G.B.A COKER, J.S.C.

CASES CITED

STATUTES REFERRED TO

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