CORAM

S. M. A. BELGORE

A. I. IGUH

S. O. UWAIFO

D. MUSDAPHER

YEKINI OLAYIWOLA ADIO JUSTICE SUPREME COURT (Read the Leading Judgment)

PARTIES

MR. TAIWO ILARI OGUN APPELLANTS

MR. MOLIKI AKINYEMIMR. AMINU OREOBAMR. LATIFU ATOLAGBE (For themselves and on behalf of Osata Adasin family of Ijana quarters, Otta, Ogun State) RESPONDENTS

AREA(S) OF LAW

SUMMARY OF FACTS

The appellants claimed title to the land in dispute; they had been placed on the land as customary tenants by the respondents.

HELD

The court held that the identity of the land was never put in issue; that having claimed titled to the land in dispute, the appellants had denied the title of their overlord, which is a ground for forfeiture and that the judgment was supported by the evidence on record.

ISSUES

1. Whether the final conclusion of the Court of Appeal that the appellant has forfeited his customary tenancy was justified having regard to the case presented to it and the earlier findings of the Court. 2. Whether the learned justices of the Court of Appeal were right in holding that the respondents established the identity of the land in dispute with certainty as to entitle them to the declaration sought. 3. Whether the learned justices of the Court of Appeal were right in holding that the trial Court adopted the correct approach in resolving the conflict in evidence of additional histories preferred by the parties.

RATIONES DECIDENDI

CASES CITED

AKPAGBUE vs. OGO (1976) 6 SC 63|MAKINDE vs. AKINWALE (2000) 2 NWLR (pt. 645) 435 at 452.|DOKUBO vs. BOB-MANUEL (1967) 1 ALL NLR 113,|ERINLE vs. ADELAJA (1969) 1 NMLR 132|IMAH & Anor vs. OKOGBE & Anor (1993) 9 NWLR (pt. 316) 159,|OLUSANMI vs. OSHASONA (1992) 6 NWLR 2 at 28.|EZEUDO vs. OBIAGWU (1986) 2 NWLR (pt 21) 208;|FAYOADE vs. ONWOAMANAM (1990) 2 NWLR (pt 132) 322.

STATUTES REFERRED TO

None|

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