RICHARD OBIEKEZIE VS THOMAS NWEKE
August 26, 2025EYO OKPO VS THE STATE
August 26, 2025Legalpedia Citation: (1972) Legalpedia (SC) 10911
In the Supreme Court of Nigeria
Fri Feb 4, 1972
Suit Number: SC. 284/69
CORAM
MADARIKAN, JUSTICE OF THE SUPREME COURT
MADARIKAN JUSTICE, SUPREME COURT
LEWIS JUSTICE, SUPREME COURT
PARTIES
O. K. O. MOGAJI & ORS APPELLANTS
RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
The appellant found a signboard on their farmland bearing the name of the respondents and later saw workmen on the land uprooting their crops.
HELD
The court held that the signboard bearing the respondents name being on the farmland was prima facie evidence of possession.
ISSUES
Whether the learned trial judge was right in coming to the conclusion that the existence of the signboard on the land taken with all the surrounding circumstances of the case did not amount to proof that the defendants were in possession of the land.
RATIONES DECIDENDI
DEFINITION OF POSSESSION
Possession of a parcel of land means the occupation of physical control of the land either personally or through an agent or servant”
PER C.O. MADARIKAN, J.S.C.
CASES CITED
LORD ADVOCATE AND YOUNG (1887) 12 APP. CAS 544 AT 556
STATUTES REFERRED TO
