FRANK ONYENANKEYA VS THE STAT
September 4, 2025PAUL ELEDAN VS THE STATE
September 4, 2025Legalpedia Citation: (1964-04) Legalpedia 76143 (SC)
In the Supreme Court of Nigeria
Holden At Abuja
Thu Apr 9, 1964
Suit Number: SC 353/1962
CORAM
ADEMOLA CHIEF JUSTICE, NIGERIA
BRETT JUSTICE, SUPREME COURT
BAIRAMIAN JUSTICE, SUPREME COURT
PARTIES
OLOYEDE AKINGBADE
APPELLANTS
OYEYIPO ELEMOSHO
RESPONDENTS
AREA(S) OF LAW
LAND LAW-SALE-POSSESSION
SUMMARY OF FACTS
A piece of land was sold to two different persons by the same family
HELD
The court held that it is unable to agree with the trial judge that the conveyances are irrelevant and accordingly allowed the appeal and awarded title to the plaintiff/appellant as per the writ of summons and possession of the land in dispute.
ISSUES
Whether the learned trial judge was right in rejecting various conveyances tendered in evidence in an attempt to prove the identity of the land purchased from the oloto family by pearse
Whether the absence of any evidence of a conveyance to pearse creates an insurmountable difficulty
RATIONES DECIDENDI
WHETHER A CONVEYANCE OR WRITTEN CONTRACT IS NECESSARY TO EFFECT A VALID SALE OF LAND UNDER NATIVE LAW AND CUSTOM
…since the sale to Pearse in 1911 was an out and out sale of land held by the Oloto family by native law and custom, no conveyance or written contract was necessary to effect a valid sale. The payment of the purchase price and the delivery of possession to Pearse created a valid title by native law and custom- ADEMOLA, C.J.N.
CASES CITED
1. Ogunbambi v. Abowaba, 13 W.A.C.A. 222 at p. 225
STATUTES REFERRED TO
1. Evidence Act, Cap. 62
