CORAM

SIR UDO UDOMA, JUSTICE, SUPREME COURT

ANDREWS OTUTU OBASEKE JUSTICE, SUPREME COURT

GEORGE B. A.COKER, JUSTICE, SUPREME COURT

PARTIES

S. B. FASHANU APPELLANTS

RESPONDENTS

AREA(S) OF LAW

SUMMARY OF FACTS

The Plaintiff/Appellant claimed damages from the Defendant/Respondent for trespass on land. The defendant in his defence claimed that the plaintiff conceded possession to him under an agreement for the sale thereof. Judgment was delivered in favour of the defendant at the High Court and the Plaintiff further appealed.

HELD

The Supreme Court allowed the appeal and the judgment of the High Court including the Order for cost was set aside

ISSUES

Whether the Judgment of the Lower Court was against the weight of evidence.

RATIONES DECIDENDI

PROOF OF SALE OF LAND AGAINST A PERSON WITH TITLE:

“It was never a sale by native law and custom. The title of the plaintiff himself is a fee simple estate by virtue of the conveyance Exhibit B. The relevant statutes governing sales of land of this type of tenure would certainly require some documentary evidence in evidence of his sale and the defendant obviously cannot produce any. It follows that the plaintiff must succeed in his action for damages for trespass and for an injunction and that his case was wrongly dismissed” PER G.B.A COKER, JSC

CASES CITED

STATUTES REFERRED TO

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