CHIEF M. O. OLATUNJI VS OWENA BANK PLC & ANOR
August 26, 2025O.K.O MOGAJI & ORS VS CADBURY FRY (EXPORT) LTD
August 26, 2025Legalpedia Citation: (1972) Legalpedia (SC) 19211
In the Supreme Court of Nigeria
Wed Feb 9, 1972
Suit Number: SC. 216/1966
CORAM
COKER JUSTICE, SUPREME COURT
UDOMA JUSTICE, SUPREME COURT
FATAYI-WILLIAMS JUSTICE, SUPREME COURT
PARTIES
RICHARD OBIEKEZIE & 12 ORS APPELLANTS
RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
The matter arouse as an appeal against the decision of the trial court which granted declaration of title and possession of the land in dispute to the plaintiffs were able to prove title to the land in dispute by a more cogent evidence. The defendant being unsatisfied, has challenged this decision and appealed to the supreme court.
HELD
The court held that the trial court came to the right conclusion by awarding the subject matter in dispute to the plaintiff whose claim were more probable and supported by evidence and observed the claim for possession by the plaintiff when they are in possession of the land in dispute presuppose they are not in possession.
ISSUES
None
RATIONES DECIDENDI
PRESUMPTION OF POSSESSION
Where a plaintiff in possession of the subject matter of the dispute in a matter for declaration of title claims possession of the land along side trespass, the claim for possession presuppose that the plaintiff is not in possession. PER COKER JSC
CASES CITED
None
STATUTES REFERRED TO
None
