S. B. FASHANU V. M.A. ADEKOYA
August 11, 2025NIGERIAN ACCEPTANCES LTD & ANOR V. COUTHINHO CARO & CO
August 11, 2025Legalpedia Citation: (1974) Legalpedia (SC) 21971
In the Supreme Court of Nigeria
Tue Jun 11, 1974
Suit Number: SC. 143/1972
CORAM
OLUFUNLOLA OYELOLA ADEKEYE, JUSTICE, SUPREME COURT
EMANUEL OBIOMA OGWUEGBU, JSC. JUSTICE, SUPREME COURT (Read the Leading Judgment)
DANIEL O. IBEKWE, JUSTICE, SUPREME COURT
PARTIES
M. O. OBISANYA APPELLANTS
RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
The appellant claimed title and possession to the land in dispute upon a conveyance executed in 1956. One of the parties who executed the conveyance had in 1944 joined in the execution of an agreement for the sale of the land to the respondent.
HELD
The court held that the title claimed by the respondent is defective, his possession for a long time notwithstanding.
ISSUES
Which of the two parties to this appeal acquired the title validly.
RATIONES DECIDENDI
DECLARATION OF TITLE OF LAND
He has the onus of establishing that the defendant is a trespasser and he cannot do so by setting against the title of the defendants a title which, in itself, was defective. Per Sowemimo J.S.C
CASES CITED
Adeshoye v. Siwoniku (1952) 14 WACA 86 Olayioye v. Oso (1969) 1 All NLR 281, 235
STATUTES REFERRED TO
The Land Instruments Registration Law , Cap. 56, Laws of Western Nigeria, 1959
