MRS. FLORENCE O. CARRENA & ANOR V. CHIEF AKINLASE & 11 ORS V CHIEF GAFARU AROWOLO
May 28, 2025ALHAJI KABIRU ABUBAKAR & ANOR V JOHN JOSEPH & ANOR
May 28, 2025Legalpedia Citation: (2008-06) Legalpedia (SC) 97041
In the Supreme Court of Nigeria
Fri Jun 13, 2008
Suit Number: SC.53/2002
CORAM
SYLVESTER UMARU ONU, JSC, JUSTICE, SUPREME COURT
IKECHI FRANCIS OGBUAGU, JSC (Dissenting) JUSTICE, SUPREME COURT
PIUS OLAYIWOLA ADEREMI, JSC (Lead Judgment) JUSTICE, SUPREME COURT .
SYLVESTER UMARU ONU, JSC, JUSTICE, SUPREME COURT
SYLVESTER UMARU ONU, JSC, JUSTICE, SUPREME COURT
SYLVESTER UMARU ONU, JSC, JUSTICE, SUPREME COURT
PARTIES
1. MOMODU OLUBODUN
2. KASALI OSHINDERO
3. MADAM TOWURU EGBEIBON
4. MUSTAFA KARIMU
5. ALHAJI RUFAI APELOGUN.
APPELLANTS
OBA ADEYEMI
RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
The respondents pleaded settlement as root of their title to the land in dispute but put up a case of grant during trial. The custom under which the grant was made by the king was not pleaded; they claimed it was pleaded in their reply to the statement of defence.
HELD
The court held that the lower courts erred in granting their claim for declaration of title.
ISSUES
1) Whether the court below can rightly take judicial notice of an unpleaded custom and if not, whether its conclusion on such custom ought not to be set aside?
(2) Whether the plaintiffs proved their root of title, so as to entitle them to a declaration of title to land and whether a declaration can be granted on the basis of an admission (if any)?
RATIONES DECIDENDI
CASES CITED
1. Pasco Vehicle & Plant Hire CO. v. Alraine (Nig.) Ltd (1995) 8 NWLR (Pt.416) 6552. Bakare v. Ibrahim (1973) 6 S.C. 205,3. Oshodi v. Eyifunmi (2000) II WRN 86 or (2000) 13 NWLR4. Yusuf v Adegoke & Ors (2007) II NWLR (Pt.1045) 332 ,684) 298, (4) Adeniji v. Fetuga (1990) 5 NWLR (Pt. 150) 3755. Akinsanya v. Soyemi (1998) 8 NWLR (Pt. 560) 49
