THE HONDA PLACE LTD V. GLOBE MOTOR HOLDINGS NIG LTD
June 10, 2025OTUU OGOLOGO V. EKUMA UCHE
June 10, 2025Legalpedia Citation: (2005) Legalpedia (SC) 12811
In the Supreme Court of Nigeria
Fri Jul 15, 2005
Suit Number: SC.50/2001
CORAM
IDRIS LEGBO KUTIGI JUSTICE,SUPREME COURT
AKINTOLA OLUFEMI EJIWUNMI JUSTICE, SUPREME COURT
DAHIRU MUSDAPHER JUSTICE, SUPREME COURT
DENNIS ONYEJIFE EDOZIE JUSTICE, SUPREME COURT
PARTIES
1. OBA YEKINI ELEGUSHI2. CHIEF KEHINDE H. ELEGUSHI3. CHIEF K. O. BAKARE4. CHIEF N. A. B. ELEGUSHI5. CHIEF MURPHY ADETORO(For themselves and on behalf of Elegushi Royal Family) APPELLANTS
RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
The appellant claimed the respondents were there customary tenants in respect of the land in dispute but the respondent gave evidence of possession since 1820 without any disturbance.
HELD
The court held that the Respondent had proved their exclusive possession since 1820, and that the Appellants did not prove a superior title to entitle them to possession.
ISSUES
1. Whether the learned trial Judge must first settle the issue of title before proceeding to determine the issue of customary tenancy.2. Whether the learned trial Judge should have made Lagos State Government a party to the suit.
RATIONES DECIDENDI
CASES CITED
1) Nkado V. Obiano (1997) 1 NWLR (Pt.482) 374 S.C; 2) Ohiaeri V. Akabeze (1992) 2 NWLR (Part 221) 1;3) Anyanwu V. Mbara (1992) 5 NWLR (Part 242) 386; 4) Piaro V. Tenalo (1976) 12 SC 315) Adesanya V. Otuewu (1993) 1 NWLR (Part 270) 414
STATUTES REFERRED TO
The Evidence Act
