Just Decided Cases

OLOYEDE AKINGBADE VS OYEYIPO ELEMOSHO

Legalpedia 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

 


CLICK HERE TO READ FULL JUDGMENT

legaladmin

Recent Posts

RENCO NIGERIA LIMITED V Q OIL & GAS SERVICES LIMITED & ANOR

Legalpedia Citation: (2025-08) Legalpedia 42685 (CA) In the Court of Appeal PORT HARCORT Mon Aug…

5 months ago

ENGINEERING ENTERPRISE OF NIGER CONTRACTOR CO. OF NIGERIA VS THE ATTORNEY-GENERAL OF KADUNA STATE

Legalpedia Citation: Legalpedia SC KIZW In the Supreme Court of Nigeria Thu Sep 11, 2025…

5 months ago

COMMISSONER OF POLICE, WESTERN REGION VS ALOYSIUS IGWE & 2 ORS

Legalpedia Citation: (1960-01) Legalpedia 19912 (SC) In the Supreme Court of Nigeria Holden at Lagos…

5 months ago

CLEMENT AKRAN VS INSPECTOR GENERAL OF POLICE

Legalpedia Citation: (1960-02) Legalpedia 45350 (SC) In the Supreme Court of Nigeria HOLDEN AT LAGOS…

5 months ago

J. A. IREM VS OBUBRA DISTRICT COUNCIL AND OTHERS

Legalpedia Citation: (1960-03) Legalpedia 03348 (SC) In the Supreme Court of Nigeria HOLDEN AT LAGOS…

5 months ago

JOHN KHALIL KHAWAM AND CO VS K CHELLARAM AND SONS (NIGERIA)

Legalpedia Citation: (1960-03) Legalpedia 49115 (SC) In the Supreme Court of Nigeria HOLDEN AT LAGOS…

5 months ago