CORAM

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TAYLOR,JUSTICE SUPREME COURT

UNSWORTH , JUSTICE SUPREME COURT

BAIRAMIAN, JUSTICE SUPREME COURT

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PARTIES

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APPELLANTS

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FREDERICK OKAFOR AND OTHERS

RESPONDENTS 

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AREA(S) OF LAW

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ALASAN BABATUNDE, AJAGUNNA II OLUKARE OF IKARE VS GOVERNOR, WESTERN REGION   1960   FSC 207/1959   [1960] NSCC 41

LAND LAW – ADMISIION-POSSESSION- EVIDENCE

 

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SUMMARY OF FACTS

ALASAN BABATUNDE, AJAGUNNA II OLUKARE OF IKARE VS GOVERNOR, WESTERN REGION   1960   FSC 207/1959   [1960] NSCC 41

The respondent admitted that part of the land in dispute was granted to the appellant and there were pillars placed on the land by the appellant coupled with the fact that the appellants were in possession of adjacent lands.

 

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HELD

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ALASAN BABATUNDE, AJAGUNNA II OLUKARE OF IKARE VS GOVERNOR, WESTERN REGION   1960   FSC 207/1959   [1960] NSCC 41

The court held that the appellant was entitled to a declaration of title and damages for trespass as claimed.

 

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ISSUES

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ALASAN BABATUNDE, AJAGUNNA II OLUKARE OF IKARE VS GOVERNOR, WESTERN REGION   1960   FSC 207/1959   [1960] NSCC 41

Whether from the facts and circumstances of the case, the lower court was right in dismissing the appellant’s claims.

 

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RATIONES DECIDENDI

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ALASAN BABATUNDE, AJAGUNNA II OLUKARE OF IKARE VS GOVERNOR, WESTERN REGION 1960 FSC 207/1959 [1960] NSCC 41

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1. ACT THAT ESTABLISH  POSSESSION

‘The erection of pillars in respect of the area of land in dispute is an act indicating possession of the whole area.’ Per.’ Per Taylor, F.J

2. ACTS THAT ESTABLISH POSSESSION

‘In order to establish possession, it is not necessary for a claimant to take some active step in relation to the land, such as enclosing the land or cultivating it. The type of conduct which indicates possession must vary with the type of land. In the case of vacant and unenclosed land which is not being cultivated there is little which can be done on the land to indicate possession.’ Per Taylor, F.J

 

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CASES CITED

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ALASAN BABATUNDE, AJAGUNNA II OLUKARE OF IKARE VS GOVERNOR, WESTERN REGION   1960   FSC 207/1959   [1960] NSCC 41

Wuta-Ofei v. Danquah (1961), 1 W.R. 1238 at page 1243

Ekpo v. Ita 11 N.L.R. 68, 69

Abudulai v. Ramotu Manue 10 W.A.C.A. 172 at 174

 

 

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STATUTES REFERRED TO

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STATUTES REFERRED TO

ALASAN BABATUNDE, AJAGUNNA II OLUKARE OF IKARE VS GOVERNOR, WESTERN REGION   1960   FSC 207/1959   [1960] NSCC 41

The Evidence Ordinance

 

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