Just Decided Cases

O.K.O MOGAJI & ORS VS CADBURY FRY (EXPORT) LTD

Legalpedia 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



CLICK HERE TO READ FULL JUDGMENT

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